1
Car In 3 Has
A Hidden History
|
|
Part
I
Principal Road Safety Provisions Driving Principal Road
offences
| An
Act to consolidate certain enactments relating to road traffic with amendments
to give effect to recommendations of the Law Commission and the Scottish Law Commission. |
| | [15th
November 1988]
|
|
Be
it enacted by the Queen's most Excellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:— |
| | Part
I | | | Principal
Road Safety Provisions | | |
Driving
offences |
Causing
death by reckless driving.
|
1. A
person who causes the death of another person by driving a motor vehicle on a
road recklessly is guilty of an offence.
|
Reckless
driving.
|
2. A
person who drives a motor vehicle on a road recklessly is guilty of an offence. |
Careless,
and inconsiderate, driving.
|
3. If
a person drives a motor vehicle on a road without due care and attention, or without
reasonable consideration for other persons using the road, he is guilty of an
offence.
| | |
|
| |
Motor
vehicles: drink and drugs |
Driving, or being in charge, when under influence of drink or drugs.
|
4.—(1) A person who,
when driving or attempting to drive a motor vehicle on a road or other public
place, is unfit to drive through drink or drugs is guilty of an offence.
(2) Without prejudice to subsection (1) above, a
person who, when in charge of a motor vehicle which is on a road or other public
place, is unfit to drive through drink or drugs is guilty of an offence.
(3) For the purposes of subsection (2) above, a person
shall be deemed not to have been in charge of a motor vehicle if he proves that
at the material time the circumstances were such that there was no likelihood
of his driving it so long as he remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there
was such a likelihood as is mentioned in subsection (3) above, disregard any injury
to him and any damage to the vehicle.
(5) For
the purposes of this section, a person shall be taken to be unfit to drive if
his ability to drive properly is for the time being impaired.
(6) A
constable may arrest a person without warrant if he has reasonable cause to suspect
that that person is or has been committing an offence under this section.
(7) For the purpose of arresting a person under
the power conferred by subsection (6) above, a constable may enter (if need be
by force) any place where that person is or where the constable, with reasonable
cause, suspects him to be.
(8) Subsection
(7) above does not extend to Scotland, and nothing in that subsection affects
any rule of law in Scotland concerning the right of a constable to enter any premises
for any purpose. |
Driving or being in charge of a motor vehicle with alcohol concentration above
prescribed limit.
|
5.—(1) If a person—
(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, after
consuming so much alcohol that the proportion of it in his breath, blood or urine
exceeds the prescribed limit he is guilty of an offence.
(2) It
is a defence for a person charged with an offence under subsection (1)(b) above
to prove that at the time he is alleged to have committed the offence the circumstances
were such that there was no likelihood of his driving the vehicle whilst the proportion
of alcohol in his breath, blood or urine remained likely to exceed the prescribed
limit.
(3) The court may, in determining
whether there was such a likelihood as is mentioned in subsection (2) above, disregard
any injury to him and any damage to the vehicle. |
Breath tests.
|
6.—(1) Where a constable
in uniform has reasonable cause to suspect— (a) that
a person driving or attempting to drive or in charge of a motor vehicle on a road
or other public place has alcohol in his body or has committed a traffic offence
whilst the vehicle was in motion, or (b) that
a person has been driving or attempting to drive or been in charge of a motor
vehicle on a road or other public place with alcohol in his body and that that
person still has alcohol in his body, or (c) that
a person has been driving or attempting to drive or been in charge of a motor
vehicle on a road or other public place and has committed a traffic offence whilst
the vehicle was in motion, he
may, subject to section 9 of this Act, require him to provide a specimen of breath
for a breath test.
(2) If an accident occurs
owing to the presence of a motor vehicle on a road or other public place, a constable
may, subject to section 9 of this Act, require any person who he has reasonable
cause to believe was driving or attempting to drive or in charge of the vehicle
at the time of the accident to provide a specimen of breath for a breath test.
(3) A person may be required under subsection
(1) or subsection (2) above to provide a specimen either at or near the place
where the requirement is made or, if the requirement is made under subsection
(2) above and the constable making the requirement thinks fit, at a police station
specified by the constable.
(4) A person
who, without reasonable excuse, fails to provide a specimen of breath when required
to do so in pursuance of this section is guilty of an offence.
(5) A
constable may arrest a person without warrant if— (a) as
a result of a breath test he has reasonable cause to suspect that the proportion
of alcohol in that person's breath or blood exceeds the prescribed limit, or
(b) that
person has failed to provide a specimen of breath for a breath test when required
to do so in pursuance of this section and the constable has reasonable cause to
suspect that he has alcohol in his body, but
a person shall not be arrested by virtue of this subsection when he is at a hospital
as a patient.
(6) A constable may, for the
purpose of requiring a person to provide a specimen of breath under subsection
(2) above in a case where he has reasonable cause to suspect that the accident
involved injury to another person or of arresting him in such a case under subsection
(5) above, enter (if need be by force) any place where that person is or where
the constable, with reasonable cause, suspects him to be.
(7) Subsection
(6) above does not extend to Scotland, and nothing in that subsection shall affect
any rule of law in Scotland concerning the right of a constable to enter any premises
for any purpose.
(8) In this section "traffic
offence" means an offence under— (a) any
provision of Part II of the [1981 c. 14.] Public Passenger Vehicles
Act 1981, (b) any
provision of the [1984 c. 27.] Road Traffic Regulation Act 1984,
(c) any
provision of the [1988
c. 53.] Road Traffic Offenders Act 1988 except Part III, or
(d) any
provision of this Act except Part V. |
Provision of specimens for analysis.
|
7.—(1) In the course
of an investigation into whether a person has committed an offence under section
4 or 5 of this Act a constable may, subject to the following provisions of this
section and section 9 of this Act, require him— (a) to
provide two specimens of breath for analysis by means of a device of a type approved
by the Secretary of State, or (b) to
provide a specimen of blood or urine for a laboratory test. (2) A
requirement under this section to provide specimens of breath can only be made
at a police station.
(3) A requirement under
this section to provide a specimen of blood or urine can only be made at a police
station or at a hospital; and it cannot be made at a police station unless—
(a) the
constable making the requirement has reasonable cause to believe that for medical
reasons a specimen of breath cannot be provided or should not be required, or
(b) at
the time the requirement is made a device or a reliable device of the type mentioned
in subsection (1)(a) above is not available at the police station or it is then
for any other reason not practicable to use such a device there, or
(c) the
suspected offence is one under section 4 of this Act and the constable making
the requirement has been advised by a medical practitioner that the condition
of the person required to provide the specimen might be due to some drug;
but may then
be made notwithstanding that the person required to provide the specimen has already
provided or been required to provide two specimens of breath.
(4) If
the provision of a specimen other than a specimen of breath may be required in
pursuance of this section the question whether it is to be a specimen of blood
or a specimen of urine shall be decided by the constable making the requirement,
but if a medical practitioner is of the opinion that for medical reasons a specimen
of blood cannot or should not be taken the specimen shall be a specimen of urine.
(5) A specimen of urine shall be provided within
one hour of the requirement for its provision being made and after the provision
of a previous specimen of urine.
(6) A person
who, without reasonable excuse, fails to provide a specimen when required to do
so in pursuance of this section is guilty of an offence.
(7) A
constable must, on requiring any person to provide a specimen in pursuance of
this section, warn him that a failure to provide it may render him liable to prosecution. |
Choice of specimens of breath.
|
8.—(1) Subject to
subsection (2) below, of any two specimens of breath provided by any person in
pursuance of section 7 of this Act that with the lower proportion of alcohol in
the breath shall be used and the other shall be disregarded.
(2) If
the specimen with the lower proportion of alcohol contains no more than 50 microgrammes
of alcohol in 100 millilitres of breath, the person who provided it may claim
that it should be replaced by such specimen as may be required under section 7(4)
of this Act and, if he then provides such a specimen, neither specimen of breath
shall be used.
(3) The Secretary of State
may by regulations substitute another proportion of alcohol in the breath for
that specified in subsection (2) above. |
Protection for hospital patients.
|
9.—(1) While a person
is at a hospital as a patient he shall not be required to provide a specimen of
breath for a breath test or to provide a specimen for a laboratory test unless
the medical practitioner in immediate charge of his case has been notified of
the proposal to make the requirement; and— (a) if
the requirement is then made, it shall be for the provision of a specimen at the
hospital, but (b) if
the medical practitioner objects on the ground specified in subsection (2) below,
the requirement shall not be made. (2) The
ground on which the medical practitioner may object is that the requirement or
the provision of a specimen or, in the case of a specimen of blood or urine, the
warning required under section 7(7) of this Act, would be prejudicial to the proper
care and treatment of the patient. |
Detention of persons affected by alcohol or a drug.
|
10.—(1) Subject to
subsections (2) and (3) below, a person required to provide a specimen of breath,
blood or urine may afterwards be detained at a police station until it appears
to the constable that, were that person then driving or attempting to drive a
motor vehicle on a road, he would not be committing an offence under section 4
or 5 of this Act.
(2) A person shall not
be detained in pursuance of this section if it appears to a constable that there
is no likelihood of his driving or attempting to drive a motor vehicle whilst
his ability to drive properly is impaired or whilst the proportion of alcohol
in his breath, blood or urine exceeds the prescribed limit.
(3) A
constable must consult a medical practitioner on any question arising under this
section whether a person's ability to drive properly is or might be impaired through
drugs and must act on the medical practitioner's advice. |
Interpretation of sections 4 to 10.
|
11.—(1) The following
provisions apply for the interpretation of sections 4 to 10 of this Act.
(2) In those sections— "breath
test" means a preliminary test for the purpose of obtaining, by means of a device
of a type approved by the Secretary of State, an indication whether the proportion
of alcohol in a person's breath or blood is likely to exceed the prescribed limit,
"drug" includes
any intoxicant other than alcohol, "hospital"
means an institution which provides medical or surgical treatment for in-patients
or out-patients, "the
prescribed limit" means, as the case may require— (a) 35
microgrammes of alcohol in 100 millilitres of breath, (b) 80
milligrammes of alcohol in 100 millilitres of blood, or (c) 107
milligrammes of alcohol in 100 millilitres of urine, or
such other proportion as may be prescribed by regulations made by the Secretary
of State.
(3) A person does not provide
a specimen of breath for a breath test or for analysis unless the specimen—
(a) is
sufficient to enable the test or the analysis to be carried out, and
(b) is
provided in such a way as to enable the objective of the test or analysis to be
satisfactorily achieved. (4) A
person provides a specimen of blood if and only if he consents to its being taken
by a medical practitioner and it is so taken.
| | |
Motor
racing and motoring events on public ways |
Motor racing on public ways.
|
12.—(1) A person who
promotes or takes part in a race or trial of speed between motor vehicles on a
public way is guilty of an offence.
(2) In
this section "public way" means, in England and Wales, a public highway and, in
Scotland, a public road. |
Regulation of motoring events on public ways.
|
13.—(1) A person who
promotes or takes part in a competition or trial (other than a race or trial of
speed) involving the use of motor vehicles on a public way is guilty of an offence
unless the competition or trial— (b) is
conducted in accordance with any conditions imposed, by
or under regulations under this section.
(2) The
Secretary of State may by regulations authorise, or provide for authorising, the
holding of competitions or trials (other than races or trials of speed) involving
the use of motor vehicles on public ways either— (b) as
regards any area, or as regards any class or description of competition or trial
or any particular competition or trial, subject
to such conditions, including conditions requiring the payment of fees, as may
be imposed by or under the regulations.
(3) Regulations
under this section may— (a) prescribe
the procedure to be followed, and the particulars to be given, in connection with
applications for authorisation under the regulations, and (b) make
different provision for different classes or descriptions of competition or trial.
(4) In
this section "public way" means, in England and Wales, a public highway and, in
Scotland, a public road.
| | |
Protective
measures: seat belts, helmets, etc. |
Seat belts: adults.
|
14.—(1) The Secretary
of State may make regulations requiring, subject to such exceptions as may be
prescribed, persons who are driving or riding in motor vehicles on a road to wear
seat belts of such description as may be prescribed.
(2) Regulations
under this section— (a) may
make different provision in relation to different classes of vehicles, different
descriptions of persons and different circumstances, (b) shall
include exceptions for— (i) the
users of vehicles constructed or adapted for the delivery of goods or mail to
consumers or addresses, as the case may be, while engaged in making local rounds
of deliveries, (ii) the
drivers of vehicles while performing a manoeuvre which includes reversing,
(iii) any
person holding a valid certificate signed by a medical practitioner to the effect
that it is inadvisable on medical grounds for him to wear a seat belt,
(c) may
make any prescribed exceptions subject to such conditions as may be prescribed,
and (d) may
prescribe cases in which a fee of a prescribed amount may be charged on an application
for any certificate required as a condition of any prescribed exception.
(3) A
person who drives or rides in a motor vehicle in contravention of regulations
under this section is guilty of an offence; but, notwithstanding any enactment
or rule of law, no person other than the person actually committing the contravention
is guilty of an offence by reason of the contravention.
(4) If
the holder of any such certificate as is referred to in subsection (2)(b) above
is informed by a constable that he may be prosecuted for an offence under subsection
(3) above, he is not in proceedings for that offence entitled to rely on the exception
afforded to him by the certificate unless— (a) it
is produced to the constable at the time he is so informed, or
(b) it
is produced— (i) within
seven days after the date on which he is so informed, or (ii) as
soon as is reasonably practicable, at
such police station as he may have specified to the constable, or
(c) where
it is not produced at such police station, it is not reasonably practicable for
it to be produced there before the day on which the proceedings are commenced.
(5) For
the purposes of subsection (4) above, the laying of the information or, in Scotland,
the service of the complaint on the accused shall be treated as the commencement
of the proceedings.
(6) Regulations under
this section requiring the wearing of seat belts by persons riding in motor vehicles
shall not apply to children under the age of fourteen years. |
Restriction on carrying children not wearing seat belts in motor vehicles.
|
15.—(1) Except as
provided by regulations, where a child under the age of fourteen years is in the
front of a motor vehicle, a person must not without reasonable excuse drive the
vehicle on a road unless the child is wearing a seat belt in conformity with regulations.
(2) It is an offence for a person to drive a
motor vehicle in contravention of subsection (1) above.
(3) Except
as provided by regulations, where a child under the age of fourteen years is in
the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,
a person must not without reasonable excuse drive the vehicle on a road unless
the child is wearing a seat belt in conformity with regulations.
(4) It
is an offence for a person to drive a motor vehicle in contravention of subsection
(3) above.
(5) Provision may be made by
regulations— (a) excepting
from the prohibition in subsection (1) or (3) above children of any prescribed
description, vehicles of a prescribed class or the driving of vehicles in such
circumstances as may be prescribed, (b) defining
in relation to any class of vehicle what part of the vehicle is to be regarded
as the front of the vehicle for the purposes of subsection (1) above or as the
rear of the vehicle for the purposes of subsection (3) above,
(c) prescribing
for the purposes of subsection (1) or (3) above the descriptions of seat belt
to be worn by children of any prescribed description and the manner in which such
seat belt is to be fixed and used. (6) Regulations
made for the purposes of subsection (3) above shall include an exemption for any
child holding a valid certificate signed by a medical practitioner to the effect
that it is inadvisable on medical grounds for him to wear a seat belt.
(7) If the driver of a motor vehicle is informed
by a constable that he may be prosecuted for an offence under subsection (4) above,
he is not in proceedings for that offence entitled to rely on an exception afforded
to a child by a certificate referred to in subsection (6) above unless—
(a) it
is produced to the constable at the time he is so informed, or
(b) it
is produced— (i) within
seven days after the date on which he is so informed, or (ii) as
soon as is reasonably practicable, at
such police station as he may have specified to the constable, or
(c) where
it is not produced at such police station, it is not reasonably practicable for
it to be produced there before the day on which the proceedings are commenced.
(8) For
the purposes of subsection (7) above, the laying of the information or, in Scotland,
the service of the complaint on the accused shall be treated as the commencement
of the proceedings.
(9) In this section—
"regulations"
means regulations made by the Secretary of State under this section, and
"seat belt"
includes any description of restraining device for a child and any reference to
wearing a seat belt is to be construed accordingly. (10) This
section is affected by Schedule 5 to the [1988
c. 54.] Road Traffic (Consequential Provisions) Act 1988 (transitory
modifications). |
Wearing of protective headgear.
|
16.—(1) The Secretary
of State may make regulations requiring, subject to such exceptions as may be
specified in the regulations, persons driving or riding (otherwise than in side-cars)
on motor cycles of any class specified in the regulations to wear protective headgear
of such description as may be so specified.
(2) A
requirement imposed by regulations under this section shall not apply to any follower
of the Sikh religion while he is wearing a turban.
(3) Regulations
under this section may make different provision in relation to different circumstances.
(4) A person who drives or rides on a motor
cycle in contravention of regulations under this section is guilty of an offence;
but notwithstanding any enactment or rule of law no person other than the person
actually committing the contravention is guilty of an offence by reason of the
contravention unless the person actually committing the contravention is a child
under the age of sixteen years. |
Protective helmets for motor cyclists.
|
17.—(1) The Secretary
of State may make regulations prescribing (by reference to shape, construction
or any other quality) types of helmet recommended as affording protection to persons
on or in motor cycles, or motor cycles of different classes, from injury in the
event of accident.
(2) If a person sells,
or offers for sale, a helmet as a helmet for affording such protection and the
helmet is neither— (a) of
a type prescribed under this section, nor (b) of
a type authorised under regulations made under this section and sold or offered
for sale subject to any conditions specified in the authorisation, subject
to subsection (3) below, he is guilty of an offence.
(3) A
person shall not be convicted of an offence under this section in respect of the
sale or offer for sale of a helmet if he proves that it was sold or, as the case
may be, offered for sale for export from Great Britain.
(4) The
provisions of Schedule 1 to this Act shall have effect in relation to contraventions
of this section.
(5) In this section and
that Schedule "helmet" includes any head-dress, and references in this section
to selling or offering for sale include respectively references to letting on
hire and offering to let on hire. |
Authorisation of head-worn appliances for use on motor cycles.
|
18.—(1) The Secretary
of State may make regulations prescribing (by reference to shape, construction
or any other quality) types of appliance of any description to which this section
applies as authorised for use by persons driving or riding (otherwise than in
sidecars) on motor cycles of any class specified in the regulations.
(2) Regulations under this section—
(a) may
impose restrictions or requirements with respect to the circumstances in which
appliances of any type prescribed by the regulations may be used, and
(b) may
make different provision in relation to different circumstances. (3) If
a person driving or riding on a motor cycle on a road uses an appliance of any
description for which a type is prescribed under this section and that appliance—
(a) is
not of a type so prescribed, or (b) is
otherwise used in contravention of regulations under this section, he
is guilty of an offence.
(4) If a person
sells, or offers for sale, an appliance of any such description as authorised
for use by persons on or in motor cycles, or motor cycles of any class, and that
appliance is not of a type prescribed under this section as authorised for such
use, he is, subject to subsection (5) below, guilty of an offence.
(5) A
person shall not be convicted of an offence under this section in respect of the
sale or offer for sale of an appliance if he proves that it was sold or, as the
case may be, offered for sale for export from Great Britain.
(6) The
provisions of Schedule 1 to this Act shall have effect in relation to contraventions
of subsection (4) above.
(7) This section
applies to appliances of any description designed or adapted for use—
(a) with
any headgear, or (b) by
being attached to or placed upon the head, (as,
for example, eye protectors or earphones).
(8) References
in this section to selling or offering for sale include respectively references
to letting on hire and offering to let on hire.
| | |
Stopping
on verges, etc., or in dangerous positions, etc. |
Prohibition of parking of HGVs on verges, central reservations and footways.
|
19.—(1) Subject to
subsection (2) below, a person who parks a heavy commercial vehicle (as defined
in section 20 of this Act) wholly or partly— (a) on
the verge of a road, or (b) on
any land situated between two carriageways and which is not a footway, or
is
guilty of an offence.
(2) A person shall
not be convicted of an offence under this section in respect of a vehicle if he
proves to the satisfaction of the court— (a) that
it was parked in accordance with permission given by a constable in uniform, or
(b) that
it was parked in contravention of this section for the purpose of saving life
or extinguishing fire or meeting any other like emergency, or
(c) that
it was parked in contravention of this section but the conditions specified in
subsection (3) below were satisfied. (3) The
conditions mentioned in subsection (2)(c) above are— (a) that
the vehicle was parked on the verge of a road or on a footway for the purpose
of loading or unloading, and (b) that
the loading or unloading of the vehicle could not have been satisfactorily performed
if it had not been parked on the footway or verge, and (c) that
the vehicle was not left unattended at any time while it was so parked.
(4) In
this section "carriageway" and "footway" , in relation to England and Wales, have
the same meanings as in the [1980 c. 66.] Highways Act 1980. |
Definition of "heavy commercial vehicle" for the purposes of section 19.
|
20.—(1) In section
19 of this Act, "heavy commercial vehicle" means any goods vehicle which has an
operating weight exceeding 7.5 tonnes.
(2) The
operating weight of a goods vehicle for the purposes of this section is—
(a) in
the case of a motor vehicle not drawing a trailer or in the case of a trailer,
its maximum laden weight, (b) in
the case of an articulated vehicle, its maximum laden weight (if it has one) and
otherwise the aggregate maximum laden weight of all the individual vehicles forming
part of that articulated vehicle, and (c) in
the case of a motor vehicle (other than an articulated vehicle) drawing one or
more trailers, the aggregate maximum laden weight of the motor vehicle and the
trailer or trailers attached to it. (3) In
this section "articulated vehicle" means a motor vehicle with a trailer so attached
to it as to be partially superimposed upon it; and references to the maximum laden
weight of a vehicle are references to the total laden weight which must not be
exceeded in the case of that vehicle if it is to be used in Great Britain without
contravening any regulations for the time being in force under section 41 of this
Act.
(4) In this section, and in the definition
of "goods vehicle" in section 192 of this Act as it applies for the purposes of
this section, "trailer" means any vehicle other than a motor vehicle.
(5) The Secretary of State may by regulations amend
subsections (1) and (2) above (whether as originally enacted or as previously
amended under this subsection)— (a) by
substituting weights of a different description for any of the weights there mentioned,
or (b) in
the case of subsection (1) above, by substituting a weight of a different description
or amount, or a weight different both in description and amount, for the weight
there mentioned. (6) Different
regulations may be made under subsection (5) above as respects different classes
of vehicles or as respects the same class of vehicles in different circumstances
and as respects different times of the day or night and as respects different
localities.
(7) Regulations under subsection
(5) above shall not so amend subsection (1) above that there is any case in which
a goods vehicle whose operating weight (ascertained in accordance with subsection
(2) above as originally enacted) does not exceed 7.5 tonnes is a heavy commercial
vehicle for any of the purposes of section 19 of this Act. |
Prohibition of driving or parking on cycle tracks.
|
21.—(1) Subject to
the provisions of this section, any person who, without lawful authority, drives
or parks a motor vehicle wholly or partly on a cycle track is guilty of an offence.
(2) A person shall not be convicted of an offence
under subsection (1) above with respect to a vehicle if he proves to the satisfaction
of the court— (a) that
the vehicle was driven or (as the case may be) parked in contravention of that
subsection for the purpose of saving life, or extinguishing fire or meeting any
other like emergency, or (b) that
the vehicle was owned or operated by a highway authority or by a person discharging
functions on behalf of a highway authority and was driven or (as the case may
be) parked in contravention of that subsection in connection with the carrying
out by or on behalf of that authority of any of the following, that is, the cleansing,
maintenance or improvement of, or the maintenance or alteration of any structure
or other work situated in, the cycle track or its verges, or
(c) that
the vehicle was owned or operated by statutory undertakers and was driven or (as
the case may be) parked in contravention of that subsection in connection with
the carrying out by those undertakers of any works in relation to any apparatus
belonging to or used by them for the purpose of their undertaking. (3) In
this section— (a) "cycle
track" and other expressions used in this section and in the [1980 c. 66.]
Highways Act 1980 have the same meaning as in that Act, (b) in
subsection (2)(c) above "statutory undertakers" means any body who are statutory
undertakers within the meaning of the Highways Act 1980, any sewerage authority
within the meaning of that Act or the operator of a telecommunications code system
(as defined by paragraph 1(1) of Schedule 4 to the [1984 c. 12.] Telecommunications
Act 1984), and in relation to any such sewerage authority "apparatus" includes
sewers or sewerage disposal works. (4) This
section does not extend to Scotland. |
Leaving vehicles in dangerous positions.
|
22. If
a person in charge of a vehicle causes or permits the vehicle or a trailer drawn
by it to remain at rest on a road in such a position or in such condition or in
such circumstances as to be likely to cause danger to other persons using the
road, he is guilty of an offence.
| | |
Other
restrictions in interests of safety |
Restriction of carriage of persons on motor cycles.
|
23.—(1) Not more than
one person in addition to the driver may be carried on a two-wheeled motor cycle.
(2) No person in addition to the driver may
be carried on a two-wheeled motor cycle otherwise than sitting astride the motor
cycle and on a proper seat securely fixed to the motor cycle behind the driver's
seat.
(3) If a person is carried on a motor
cycle in contravention of this section, the driver of the motor cycle is guilty
of an offence. |
Restriction of carriage of persons on bicycles.
|
24.—(1) Not more than
one person may be carried on a road on a bicycle not propelled by mechanical power
unless it is constructed or adapted for the carriage of more than one person.
(2) In this section— (a) references
to a person carried on a bicycle include references to a person riding the bicycle,
and (b) "road"
includes bridleway. (3) If
a person is carried on a bicycle in contravention of subsection (1) above, each
of the persons carried is guilty of an offence. |
Tampering with motor vehicles.
|
25. If,
while a motor vehicle is on a road or on a parking place provided by a local authority,
a person— (a) gets
on to the vehicle, or (b) tampers
with the brake or other part of its mechanism, without
lawful authority or reasonable cause he is guilty of an offence. |
Holding or getting on to vehicle in order to be towed or carried.
|
26.—(1) If, for the
purpose of being carried, a person without lawful authority or reasonable cause
takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion
on a road he is guilty of an offence.
(2) If,
for the purpose of being drawn, a person takes or retains hold of a motor vehicle
or trailer while in motion on a road he is guilty of an offence. |
Control of dogs on roads.
|
27.—(1) A person who
causes or permits a dog to be on a designated road without the dog being held
on a lead is guilty of an offence.
(2) In
this section "designated road" means a length of road specified by an order in
that behalf of the local authority in whose area the length of road is situated.
(3) The powers which under subsection (2) above
are exercisable by a local authority in England and Wales are, in the case of
a road part of the width of which is in the area of one local authority and part
in the area of another, exercisable by either authority with the consent of the
other.
(4) An order under this section may
provide that subsection (1) above shall apply subject to such limitations or exceptions
as may be specified in the order, and (without prejudice to the generality of
this subsection) subsection (1) above does not apply to dogs proved—
(a) to
be kept for driving or tending sheep or cattle in the course of a trade or business,
or (b) to
have been at the material time in use under proper control for sporting purposes.
(5) An
order under this section shall not be made except after consultation with the
chief officer of police.
(6) The Secretary
of State may make regulations— (a) prescribing
the procedure to be followed in connection with the making of orders under this
section, and (b) requiring
the authority making such an order to publish in such manner as may be prescribed
by the regulations notice of the making and effect of the order. (7) In
this section "local authority" means— (a) in
relation to England and Wales, the council of a county, metropolitan district
or London borough or the Common Council of the City of London, and
(b) in
relation to Scotland, a regional or islands council. (8) The
power conferred by this section to make an order includes power, exercisable in
like manner and subject to the like conditions, to vary or revoke it.
| | |
Cycling
offences and cycle racing |
Reckless cycling.
|
28. A
person who rides a cycle on a road recklessly is guilty of an offence.In
this section "road" includes a bridleway. |
Careless, and inconsiderate, cycling.
|
29. If
a person rides a cycle on a road without due care and attention, or without reasonable
consideration for other persons using the road, he is guilty of an offence.In
this section "road" includes a bridleway. |
Cycling when under influence of drink or drugs.
|
30.—(1) A person who,
when riding a cycle on a road or other public place, is unfit to ride through
drink or drugs (that is to say, is under the influence of drink or a drug to such
an extent as to be incapable of having proper control of the cycle) is guilty
of an offence.
(2) In Scotland a constable
may arrest without warrant a person committing an offence under this section.
(3) In this section "road" includes a bridleway. |
Regulation of cycle racing on public ways.
|
31.—(1) A person who
promotes or takes part in a race or trial of speed on a public way between cycles
is guilty of an offence, unless the race or trial— (b) is
conducted in accordance with any conditions imposed, by
or under regulations under this section.
(2) The
Secretary of State may by regulations authorise, or provide for authorising, for
the purposes of subsection (1) above, the holding on a public way other than a
bridleway— (a) of
races or trials of speed of any class or description, or (b) of
a particular race or trial of speed, in
such cases as may be prescribed and subject to such conditions as may be imposed
by or under the regulations.
(3) Regulations
under this section may— (a) prescribe
the procedure to be followed, and the particulars to be given, in connection with
applications for authorisation under the regulations, and (b) make
different provision for different classes or descriptions of race or trial.
(4) Without
prejudice to any other powers exercisable in that behalf, the chief officer of
police may give directions with respect to the movement of, or the route to be
followed by, vehicular traffic during any period, being directions which it is
necessary or expedient to give in relation to that period to prevent or mitigate—
(a) congestion
or obstruction of traffic, or (b) danger
to or from traffic, in
consequence of the holding of a race or trial of speed authorised by or under
regulations under this section.
(5) Directions
under subsection (4) above may include a direction that any road or part of a
road specified in the direction shall be closed during the period to vehicles
or to vehicles of a class so specified.
(6) In
this section "public way" means, in England and Wales, a public highway and, in
Scotland, a public road and includes a bridleway but not a footpath. |
Electrically assisted pedal cycles.
|
32.—(1) An electrically
assisted pedal cycle of a class specified in regulations made for the purposes
of section 189 of this Act and section 140 of the [1984 c. 27.] Road
Traffic Regulation Act 1984 shall not be driven on a road by a person under the
age of fourteen.
(2) A person who—
(a) drives
such a pedal cycle, or (b) knowing
or suspecting that another person is under the age of fourteen, causes or permits
him to drive such a pedal cycle, in
contravention of subsection (1) above is guilty of an offence.
| | |
Use
of motor vehicles away from roads |
Control of use of footpaths and bridleways for motor vehicle trials.
|
33.—(1) A person must
not promote or take part in a trial of any description between motor vehicles
on a footpath or bridleway unless the holding of the trial has been authorised
under this section by the local authority.
(2) A
local authority shall not give an authorisation under this section unless satisfied
that consent in writing to the use of any length of footpath or bridleway for
the purposes of the trial has been given by the owner and by the occupier of the
land over which that length of footpath or bridleway runs, and any such authorisation
may be given subject to compliance with such conditions as the authority think
fit.
(3) A person who— (a) contravenes
subsection (1) above, or (b) fails
to comply with any conditions subject to which an authorisation under this section
has been granted, is
guilty of an offence.
(4) The holding of
a trial authorised under this section is not affected by any statutory provision
prohibiting or restricting the use of footpaths or bridleways or a specified footpath
or bridleway; but this section does not prejudice any right or remedy of a person
as having any interest in land.
(5) In this
section "local authority"— (a) in
relation to England and Wales, means the council of a county, metropolitan district
or London borough, and (b) in
relation to Scotland, means a regional or islands council. |
Prohibition of driving motor vehicles elsewhere than on roads.
|
34.—(1) Subject to
the provisions of this section, if without lawful authority a person drives a
motor vehicle— (a) on
to or upon any common land, moorland or land of any other description, not being
land forming part of a road, or (b) on
any road being a footpath or bridleway, he
is guilty of an offence.
(2) It is not an
offence under this section to drive a motor vehicle on any land within fifteen
yards of a road, being a road on which a motor vehicle may lawfully be driven,
for the purpose only of parking the vehicle on that land.
(3) A
person shall not be convicted of an offence under this section with respect to
a vehicle if he proves to the satisfaction of the court that it was driven in
contravention of this section for the purpose of saving life or extinguishing
fire or meeting any other like emergency.
(4) It
is hereby declared that nothing in this section prejudices the operation of—
(a) section
193 of the [1925 c. 20.] Law of Property Act 1925 (rights of the public
over commons and waste lands), or (b) any
byelaws applying to any land, or
affects the law of trespass to land or any right or remedy to which a person may
by law be entitled in respect of any such trespass or in particular confers a
right to park a vehicle on any land.
| | |
Directions
to traffic and to pedestrians and traffic signs |
Drivers to comply with traffic directions.
|
35.—(1) Where a constable
is for the time being engaged in the regulation of traffic in a road, a person
driving or propelling a vehicle who neglects or refuses— (a) to
stop the vehicle, or (b) to
make it proceed in, or keep to, a particular line of traffic, when
directed to do so by the constable in the execution of his duty is guilty of an
offence.
(2) Where— (a) a
traffic survey of any description is being carried out on or in the vicinity of
a road, and (b) a
constable gives to a person driving or propelling a vehicle a direction—
(ii) to
make it proceed in, or keep to, a particular line of traffic, or
(iii) to
proceed to a particular point on or near the road on which the vehicle is being
driven or propelled, being
a direction given for the purposes of the survey (but not a direction requiring
any person to provide any information for the purposes of a traffic survey),
the person is
guilty of an offence if he neglects or refuses to comply with the direction.
(3) The power to give such a direction as is
referred to in subsection (2) above for the purposes of a traffic survey shall
be so exercised as not to cause any unreasonable delay to a person who indicates
that he is unwilling to provide any information for the purposes of the survey. |
Drivers to comply with traffic signs.
|
36.—(1) Where a traffic
sign, being a sign— (a) of
the prescribed size, colour and type, or (b) of
another character authorised by the Secretary of State under the provisions in
that behalf of the [1984 c. 27.] Road Traffic Regulation Act 1984,
has been lawfully
placed on or near a road, a person driving or propelling a vehicle who fails to
comply with the indication given by the sign is guilty of an offence.
(2) A traffic sign shall not be treated for the purposes
of this section as having been lawfully placed unless either— (a) the
indication given by the sign is an indication of a statutory prohibition, restriction
or requirement, or (b) it
is expressly provided by or under any provision of the Traffic Acts that this
section shall apply to the sign or to signs of a type of which the sign is one;
and, where the
indication mentioned in paragraph (a) of this subsection is of the general nature
only of the prohibition, restriction or requirement to which the sign relates,
a person shall not be convicted of failure to comply with the indication unless
he has failed to comply with the prohibition, restriction or requirement to which
the sign relates.
(3) For the purposes of
this section a traffic sign placed on or near a road shall be deemed—
(a) to
be of the prescribed size, colour and type, or of another character authorised
by the Secretary of State under the provisions in that behalf of the Road Traffic
Regulation Act 1984, and (b) (subject
to subsection (2) above) to have been lawfully so placed, unless
the contrary is proved.
(4) Where a traffic
survey of any description is being carried out on or in the vicinity of a road,
this section applies to a traffic sign by which a direction is given—
(b) to
make it proceed in, or keep to, a particular line of traffic, or
(c) to
proceed to a particular point on or near the road on which the vehicle is being
driven or propelled, being
a direction given for the purposes of the survey (but not a direction requiring
any person to provide any information for the purposes of the survey).
(5) Regulations made by the Secretary of State for
Transport, 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 [1988
c. 53.] Road Traffic Offenders Act 1988 relating to offences under this
section (offences committed by failing to comply with certain signs involve discretionary
disqualification). |
Directions to pedestrians.
|
37. Where
a constable in uniform is for the time being engaged in the regulation of vehicular
traffic in a road, a person on foot who proceeds across or along the carriageway
in contravention of a direction to stop given by the constable in the execution
of his duty, either to persons on foot or to persons on foot and other traffic,
is guilty of an offence.
| | |
Promotion
of road safety |
The Highway Code.
|
38.—(1) The Highway
Code shall continue to have effect, subject however to revision in accordance
with the following provisions of this section.
(2) Subject
to the following provisions of this section, the Secretary of State may from time
to time revise the Highway Code by revoking, varying, amending or adding to the
provisions of the Code in such manner as he thinks fit.
(3) Where
the Secretary of State proposes to revise the Highway Code by making any alterations
in the provisions of the Code (other than alterations merely consequential on
the passing, amendment or repeal of any statutory provision) he must lay the proposed
alterations before both Houses of Parliament and must not make the proposed revision
until after the end of a period of forty days beginning with the day on which
the alterations were so laid.
(4) If within
the period mentioned in subsection (3) above either House resolves that the proposed
alterations be not made, the Secretary of State must not make the proposed revision
(but without prejudice to the laying before Parliament of further proposals for
alteration in accordance with that subsection).
(5) Before
revising the Highway Code by making any alterations in its provisions which are
required by subsection (3) above to be laid before Parliament, the Secretary of
State must consult with such representative organisations as he thinks fit.
(6) The Secretary of State must cause the Highway
Code to be printed and may cause copies of it to be sold to the public at such
price as he may determine.
(7) A failure
on the part of a person to observe a provision of the Highway Code shall not of
itself render that person liable to criminal proceedings of any kind but any such
failure may in any proceedings (whether civil or criminal, and including proceedings
for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger
Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport
Act 1985) be relied upon by any party to the proceedings as tending to establish
or negative any liability which is in question in those proceedings.
(8) In this section "the Highway Code" means the
code comprising directions for the guidance of persons using roads issued under
section 45 of the [1930 c. 43.] Road Traffic Act 1930, as from time
to time revised under this section or under any previous enactment.
(9) For
the purposes of subsection (3) above— (a) "statutory
provision" means a provision contained in an Act or in subordinate legislation
within the meaning of the [1978 c. 30.] Interpretation Act 1978 (and
the reference to the passing or repeal of any such provision accordingly includes
the making or revocation of any such provision), (b) where
the proposed alterations are laid before each House of Parliament on different
days, the later day shall be taken to be the day on which they were laid before
both Houses, and (c) in
reckoning any period of forty days, no account shall be taken of any time during
which Parliament is dissolved or prorogued or during which both Houses are adjourned
for more than four days. |
Powers of Secretary of State and local authorities as to giving road safety information
and training.
|
39.—(1) The Secretary
of State may, with the approval of the Treasury, provide for promoting road safety
by disseminating information or advice relating to the use of roads.
(2) Each local authority must prepare and carry out
a programme of measures designed to promote road safety and may make contributions
towards the cost of measures for promoting road safety taken by other authorities
or bodies.
(3) Without prejudice to the
generality of subsection (2) above, in pursuance of their duty under that subsection
each local authority— (a) must
carry out studies into accidents arising out of the use of vehicles on roads or
parts of roads, other than trunk roads, within their area, (b) must,
in the light of those studies, take such measures as appear to the authority to
be appropriate to prevent such accidents, including the dissemination of information
and advice relating to the use of roads, the giving of practical training to road
users or any class or description of road users, the construction, improvement,
maintenance or repair of roads for which they are the highway authority (in Scotland,
local roads authority) and other measures taken in the exercise of their powers
for controlling, protecting or assisting the movement of traffic on roads, and
(c) in
constructing new roads, must take such measures as appear to the authority to
be appropriate to reduce the possibilities of such accidents when the roads come
into use. (4) In
this section "local authority" means— (a) in
relation to England and Wales, the council of a county, metropolitan district
or London borough or the Common Council of the City of London,
(b) in
relation to Scotland, a regional or islands council. |
Powers of Secretary of State to subsidise bodies other then local authorities
for giving road safety information and training.
|
40. The
Secretary of State may, with the approval of the Treasury, make out of monies
provided by Parliament contributions towards the cost of measures for promoting
road safety, being measures taken by authorities or bodies other than local authorities
(within the meaning of section 39 of this Act). |
|
