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| Road Traffic Act 1988 (c. 52)
| | 1988 c. 52 - continued
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Part VII |
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Miscellaneous
and General |
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Powers
of constables and other authorised persons |
Power
of police to stop vehicles.
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163.—(1) A
person driving a motor vehicle on a road must stop the vehicle on
being required to do so by a constable in uniform.
(2) A
person riding a cycle on a road must stop the cycle on being required to do so
by a constable in uniform.
(3) If a person
fails to comply with this section he is guilty of an offence. |
Power
of constables to require production of driving licence and in certain cases statement
of date of birth.
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164.—(1) Any
of the following persons—
(a) a
person driving a motor vehicle on a road, (b) a
person whom a constable has reasonable cause to believe to have been the driver
of a motor vehicle at a time when an accident occurred owing to its presence on
a road, (c) a
person whom a constable has reasonable cause to believe to have committed an offence
in relation to the use of a motor vehicle on a road, or (d) a
person— (i) who
supervises the holder of a provisional licence while the holder is driving a motor
vehicle on a road, or (ii) whom
a constable has reasonable cause to believe was supervising the holder of a provisional
licence while driving, at a time when an accident occurred owing to the presence
of the vehicle on a road or at a time when an offence is suspected of having been
committed by the holder of the provisional licence in relation to the use of the
vehicle on a road, must,
on being so required by a constable, produce his licence for examination, so as
to enable the constable to ascertain the name and address of the holder of the
licence, the date of issue, and the authority by which it was issued. (2) Such
a person must in prescribed circumstances, on being so required by the constable,
state his date of birth.
(3) If— (a) a
licence has been revoked by the Secretary of State under section 93 or 99 of this
Act, and (b) the
holder of the licence fails to deliver it to the Secretary of State in pursuance
of the section in question, a
constable may require him to produce it, and upon its being produced may seize
it and deliver it to the Secretary of State.
(4) Where
a constable has reasonable cause to believe that the holder of a licence, or any
other person, has knowingly made a false statement for the purpose of obtaining
the grant of the licence, the constable may require the holder of the licence
to produce it to him.
(5) Where a person has
been required under section 27 of the [.] Road Traffic Offenders Act 1988 to produce a licence to the court
and fails to do so, a constable may require him to produce it and, upon its being
produced, may seize it and deliver it to the court.
(6) If
a person required under the preceding provisions of this section to produce a
licence or state his date of birth to a constable fails to do so he is, subject
to subsections (7) and (8) below, guilty of an offence.
(7) Subsection
(6) above does not apply where a person required on any occasion under the preceding
provisions of this section to produce a licence— (a) produces
on that occasion a current receipt for the licence issued under section 56 of
the [.] Road Traffic Offenders Act 1988 and, if required to do so, produces
the licence in person immediately on its return at a police station that was specified
on that occasion, or (b) within
seven days after that occasion produces such a receipt in person at a police station
that was specified by him on that occasion and, if required to do so, produces
the licence in person immediately on its return at that police station. (8) In
proceedings against any person for the offence of failing to produce a licence
it shall be a defence for him to show that— (a) within
seven days after the production of his licence was required he produced it in
person at a police station that was specified by him at the time its production
was required, or (b) he
produced it in person there as soon as was reasonably practicable, or (c) it
was not reasonably practicable for him to produce it there before the day on which
the proceedings were commenced, and
for the purposes of this subsection 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) Where in accordance
with this section a person has stated his date of birth to a constable, the Secretary
of State may serve on that person a notice in writing requiring him to provide
the Secretary of State— (a) with
such evidence in that person's possession or obtainable by him as the Secretary
of State may specify for the purpose of verifying that date, and (b) if
his name differs from his name at the time of his birth, with a statement in writing
specifying his name at that time, and
a person who knowingly fails to comply with a notice under this subsection is
guilty of an offence.
(10) A notice authorised
to be served on any person by subsection (9) above may be served on him by delivering
it to him or by leaving it at his proper address or by sending it to him by post;
and for the purposes of this subsection and section 7 of the Interpretation Act
1978 [1978 c. 30.] in its application to this subsection the proper
address of any person shall be his latest address as known to the person giving
the notice.
(11) In this section "licence"
and "provisional licence" have the same meanings as in Part III of this Act. |
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.
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165.—(1) Any
of the following persons—
(a) a
person driving a motor vehicle (other than an invalid carriage) on a road, or (b) a
person whom a constable has reasonable cause to believe to have been the driver
of a motor vehicle (other than an invalid carriage) at a time when an accident
occurred owing to its presence on a road, or (c) a
person whom a constable has reasonable cause to believe to have committed an offence
in relation to the use on a road of a motor vehicle (other than an invalid carriage), must,
on being so required by a constable, give his name and address and the name and
address of the owner of the vehicle and produce the following documents for examination.
(2) Those
documents are— (a) the
relevant certificate of insurance or certificate of security (within the meaning
of Part VI of this Act), or such other evidence that the vehicle is not or was
not being driven in contravention of section 143 of this Act as may be prescribed
by regulations made by the Secretary of State, (b) in
relation to a vehicle to which section 47 of this Act applies, a test certificate
issued in respect of the vehicle as mentioned in subsection (1) of that section,
and (c) in
relation to a goods vehicle the use of which on a road without a plating certificate
or goods vehicle test certificate is an offence under section 53(1) or (2) of
this Act, any such certificate issued in respect of that vehicle or any trailer
drawn by it. (3) Subject
to subsection (4) below, a person who fails to comply with a requirement under
subsection (1) above is guilty of an offence.
(4) A
person shall not be convicted of an offence under subsection (1) above by reason
only of failure to produce any certificate or other evidence to a constable if
in proceedings against him for the offence he shows that— (a) within
seven days after the date on which the production of the certificate or other
evidence was required it was produced at a police station that was specified by
him at the time when its production was required, or (b) it
was produced there as soon as was reasonably practicable, or (c) it
was not reasonably practicable for it to be produced there before the day on which
the proceedings were commenced, and
for the purposes of this subsection 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.
(5) A person— (a) who
supervises the holder of a provisional licence granted under Part III of this
Act while the holder is driving on a road a motor vehicle (other than an invalid
carriage), or (b) whom
a constable has reasonable cause to believe was supervising the holder of such
a licence while driving, at a time when an accident occurred owing to the presence
of the vehicle on a road or at a time when an offence is suspected of having been
committed by the holder of the provisional licence in relation to the use of the
vehicle on a road, must,
on being so required by a constable, give his name and address and the name and
address of the owner of the vehicle.
(6) A
person who fails to comply with a requirement under subsection (5) above is guilty
of an offence.
(7) In this section "owner"
, in relation to a vehicle which is the subject of a hiring agreement, includes
each party to the agreement. |
Powers
of certifying officers and examiners as respects goods vehicles.
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166. A
certifying officer appointed under the [1981 c. 14.]
Public Passenger Vehicles Act 1981 or an examiner appointed under
section 68 of this Act may at any time, on production if so required
of his authority, exercise in the case of goods vehicles all such
powers as are, under section 164(1) or 165 of this Act, exercisable
by a constable. |
Power
of arrest in Scotland for reckless or careless driving or cycling.
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167. A
constable—
(a) may
arrest without warrant the driver of a motor vehicle who within his view commits
an offence under section 2 or 3 of this Act unless the driver either gives his
name and address or produces for examination his licence to drive a motor vehicle
granted under Part III of this Act, and (b) may
arrest without warrant the rider of a cycle who within his view commits an offence
under section 28 or 29 of this Act unless the rider gives his name and address. This
section extends only to Scotland. |
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Duty
to give name and address |
Failure
to give, or giving false, name and address in case of reckless or careless or
inconsiderate driving or cycling.
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168. Any
of the following persons—
(a) the
driver of a motor vehicle who is alleged to have committed an offence under section
2 or 3 of this Act, or (b) the
rider of a cycle who is alleged to have committed an offence under section 28
or 29 of this Act, who
refuses, on being so required by any person having reasonable ground for so requiring,
to give his name or address, or gives a false name or address, is guilty of an
offence. |
Pedestrian
contravening constable's direction to stop to give name and address.
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169. A
constable may require a person committing an offence under section
37 of this Act to give his name and address, and if that person
fails to do so he is guilty of an offence. |
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Duties
in case of accident |
Duty
of driver to stop, report accident and give information or documents.
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170.—(1) This
section applies in a case where, owing to the presence of a motor
vehicle on a road, an accident occurs by which—
(a) personal
injury is caused to a person other than the driver of that motor vehicle, or (b) damage
is caused— (i) to
a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle,
or (ii) to
an animal other than an animal in or on that motor vehicle or a trailer drawn
by that motor vehicle, or (iii) to
any other property constructed on, fixed to, growing in or otherwise forming part
of the land on which the road in question is situated or land adjacent to such
land. (2) The
driver of the motor vehicle must stop and, if required to do so by any person
having reasonable grounds for so requiring, give his name and address and also
the name and address of the owner and the identification marks of the vehicle.
(3) If
for any reason the driver of the motor vehicle does not give his name and address
under subsection (2) above, he must report the accident.
(4) A
person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If,
in a case where this section applies by virtue of subsection (1)(a) above, the
driver of the vehicle does not at the time of the accident produce such a certificate
of insurance or security, or other evidence, as is mentioned in section 165(2)(a)
of this Act— (b) to
some person who, having reasonable grounds for so doing, has required him to produce
it, the
driver must report the accident and produce such a certificate or other evidence.
This subsection
does not apply to the driver of an invalid carriage.
(6) To
comply with a duty under this section to report an accident or to produce such
a certificate of insurance or security, or other evidence, as is mentioned in
section 165(2)(a) of this Act, the driver— (a) must
do so at a police station or to a constable, and (b) must
do so as soon as is reasonably practicable and, in any case, within twenty-four
hours of the occurrence of the accident. (7) A
person who fails to comply with a duty under subsection (5) above is guilty of
an offence, but he shall not be convicted by reason only of a failure to produce
a certificate or other evidence if, within five days after the occurrence of the
accident, the certificate or other evidence is produced at a police station that
was specified by him at the time when the accident was reported.
(8) In
this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog. |
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Other
duties to give information or documents |
Duty
of owner of motor vehicle to give information for verifying compliance with requirement
of compulsory insurance or security.
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171.—(1) For
the purpose of determining whether a motor vehicle was or was not
being driven in contravention of section 143 of this Act on any
occasion when the driver was required under section 165(1) or 170
of this Act to produce such a certificate of insurance or security,
or other evidence, as is mentioned in section 165(2)(a) of this
Act, the owner of the vehicle must give such information as he may
be required, by or on behalf of a chief officer of police, to give.
(2) A
person who fails to comply with the requirement of subsection (1) above is guilty
of an offence.
(3) In this section "owner"
, in relation to a vehicle which is the subject of a hiring agreement, includes
each party to the agreement. |
Duty
to give information as to identity of driver, etc., in certain cases.
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172.—(1) This
section applies—
(a) to
any offence under the preceding provisions of this Act except— (i) an
offence under Part V, or (ii) an
offence under section 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 117, and
to an offence under section 178 of this Act, (b) to
any offence under sections 25, 26, 27 and 45 of the [.] Road Traffic Offenders Act 1988, and (c) to
any offence against any other enactment relating to the use of vehicles on roads. (2) Where
the driver of a vehicle is alleged to be guilty of an offence to which this section
applies— (a) the
person keeping the vehicle shall give such information as to the identity of the
driver as he may be required to give by or on behalf of a chief officer of police,
and (b) any
other person shall if required as stated above give any information which it is
in his power to give and may lead to identification of the driver. In
this subsection references to the driver of a vehicle include references to the
person riding a cycle.
(3) A person who fails
to comply with the requirement of subsection (2)(a) above is guilty of an offence
unless he shows to the satisfaction of the court that he did not know and could
not with reasonable diligence have ascertained who the driver of the vehicle or,
as the case may be, the rider of the cycle was.
(4) A
person who fails to comply with the requirement of subsection (2)(b) above is
guilty of an offence. |
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Forgery,
false statements, etc. |
Forgery
of documents, etc.
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173.—(1) A
person who, with intent to deceive—
(a) forges,
alters or uses a document or other thing to which this section applies, or (b) lends
to, or allows to be used by, any other person a document or other thing to which
this section applies, or (c) makes
or has in his possession any document or other thing so closely resembling a document
or other thing to which this section applies as to be calculated to deceive, is
guilty of an offence.
(2) This section applies
to the following documents and other things— (a) any
licence under any Part of this Act, (b) any
test certificate, goods vehicle test certificate, plating certificate, certificate
of conformity or Minister's approval certificate (within the meaning of Part II
of this Act), (c) any
certificate required as a condition of any exception prescribed under section
14 of this Act, (d) any
plate containing plated particulars (within the meaning of Part II of this Act)
or containing other particulars required to be marked on a goods vehicle by sections
54 to 58 of this Act or regulations under those sections, (e) any
records required to be kept by virtue of section 74 of this Act, (f) any
document which, in pursuance of section 89(3) or 117(2) of this Act, is issued
as evidence of the result of a test of competence to drive, (g) any
badge or certificate prescribed by regulations made by virtue of section 135 of
this Act, (h) any
certificate of insurance or certificate of security under Part VI of this Act, (j) any
document produced as evidence of insurance in pursuance of Regulation 6 of the
[S.I. 1973 / 2143.] Motor Vehicles (Compulsory Insurance) (No. 2) Regulations
1973, (k) any
document issued under regulations made by the Secretary of State in pursuance
of his power under section 165(2)(a) of this Act to prescribe evidence which may
be produced in lieu of a certificate of insurance or a certificate of security,
and (l) any
international road haulage permit. (3) In
the application of this section to England and Wales "forges" means makes a false
document or other thing in order that it may be used as genuine. |
False
statements and withholding material information.
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174.—(1) A
person who knowingly makes a false statement for the purpose—
(a) of
obtaining the grant of a licence under any Part of this Act to himself or any
other person, or (b) of
preventing the grant of any such licence, or (c) of
procuring the imposition of a condition or limitation in relation to any such
licence, or (d) of
securing the entry or retention of the name of any person in the register of approved
instructors maintained under Part V of this Act, or (e) of
obtaining the grant of an international road haulage permit to himself or any
other person, is
guilty of an offence.
(2) A person who, in
supplying information or producing documents for the purposes either of sections
53 to 60 and 63 of this Act or of regulations made under sections 49 to 51, 61,
62 and 66(3) of this Act— (a) makes
a statement which he knows to be false in a material particular or recklessly
makes a statement which is false in a material particular, or (b) produces,
provides, sends or otherwise makes use of a document which he knows to be false
in a material particular or recklessly produces, provides, sends or otherwise
makes use of a document which is false in a material particular, is
guilty of an offence.
(3) A person who— (a) knowingly
produces false evidence for the purposes of regulations under section 66(1) of
this Act, or (b) knowingly
makes a false statement in a declaration required to be made by the regulations, is
guilty of an offence.
(4) A person who— (a) wilfully
makes a false entry in any record required to be made or kept by regulations under
section 74 of this Act, or (b) with
intent to deceive, makes use of any such entry which he knows to be false, is
guilty of an offence.
(5) A person who makes
a false statement or withholds any material information for the purpose of obtaining
the issue— (a) of
a certificate of insurance or certificate of security under Part VI of this Act,
or (b) of
any document issued under regulations made by the Secretary of State in pursuance
of his power under section 165(2)(a) of this Act to prescribe evidence which may
be produced in lieu of a certificate of insurance or a certificate of security, is
guilty of an offence. |
Issue
of false documents.
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175. If
a person issues—
(a) any
such document as is referred to in section 174(5)(a) or (b) of this Act, or (b) a
test certificate or certificate of conformity (within the meaning of Part II of
this Act), and
the document or certificate so issued is to his knowledge false in a material
particular, he is guilty of an offence. |
Power
to seize articles in respect of which offences under sections 173 to 175 may have
been committed.
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176.—(1) If
a constable has reasonable cause to believe that a document produced
to him—
(a) in
pursuance of section 137 of this Act, or (b) in
pursuance of any of the preceding provisions of this Part of this Act, is
a document in relation to which an offence has been committed under section 173,
174 or 175 of this Act or under section 115 of the [1984 c. 27.] Road
Traffic Regulation Act 1984, he may seize the document.
(2) When
a document is seized under subsection (1) above, the person from whom it was taken
shall, unless— (a) the
document has been previously returned to him, or (b) he
has been previously charged with an offence under any of those sections, be
summoned before a magistrates' court or, in Scotland, the sheriff to account for
his possession of the document.
(3) The court
or sheriff must make such order respecting the disposal of the document and award
such costs as the justice of the case may require.
(4) If
a constable, a certifying officer appointed under the [1981 c. 14.]
Public Passenger Vehicles Act 1981 or an examiner appointed under section 68(1)
of this Act has reasonable cause to believe that a document or plate carried on
a motor vehicle or by the driver of the vehicle is a document or plate to which
this subsection applies, he may seize it. For
the purposes of this subsection the power to seize includes power to detach from
a vehicle.
(5) Subsection
(4) above applies to a document or plate in relation to which an offence has been
committed under sections 173, 174 or 175 of this Act in so far as they apply—
(a) to
documents evidencing the appointment of examiners for the purposes of sections
68 to 72 of this Act, or (b) to
goods vehicle test certificates, plating certificates, certificates of conformity
or Minister's approval certificates (within the meaning of Part II of this Act),
or (c) to
plates containing plated particulars (within the meaning of that Part) or containing
other particulars required to be marked on goods vehicles by sections 54 to 58
of this Act or regulations made under them, or (d) to
records required to be kept by virtue of section 74 of this Act, or (e) to
international road haulage permits. (6) When
a document or plate is seized under subsection (4) above, either the driver or
owner of the vehicle shall, if the document or plate is still detained and neither
of them has previously been charged with an offence in relation to the document
or plate under section 173, 174 or 175 of this Act, be summoned before a magistrates'
court or, in Scotland, the sheriff to account for his possession of, or the presence
on the vehicle of, the document or plate.
(7) The
court or sheriff must make such order respecting the disposal of the document
or plate and award such costs as the justice of the case may require. |
Impersonation
of, or of person employed by, authorised examiner.
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177. If
a person, with intent to deceive, falsely represents himself to
be, or to be employed by, a person authorised by the Secretary of
State for the purposes of section 45 of this Act, he is guilty of
an offence. |
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Offences
in Scotland |
Taking
motor vehicle without authority, etc.
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178.—(1) A
person who in Scotland—
(a) takes
and drives away a motor vehicle without having either the consent of the owner
of the vehicle or other lawful authority, or (b) knowing
that a motor vehicle has been so taken, drives it or allows himself to be carried
in or on it without such consent or authority, is,
subject to subsection (2) below, guilty of an offence.
(2) If—
(a) the
jury, on proceedings under this section on indictment, or (b) the
court, on summary proceedings under this section, is
satisfied that the accused acted in the reasonable belief that he had lawful authority,
or in the reasonable belief that the owner would, in the circumstances of the
case, have given consent if he had been asked for it, the accused shall not be
liable to be convicted of the offence.
(3) A
constable may arrest without warrant a person reasonably suspected by him of having
committed or of attempting to commit an offence under this section. |
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Inquiries |
General
power to hold enquiries.
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179. Without
prejudice to any other provision of this Act, the Secretary of State
may hold inquiries for the purposes of this Act. |
General
provisions as to inquiries.
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180.—(1) Where
under any of the provisions of this Act an inquiry is held by the
Secretary of State—
(a) notice
of the inquiry may be given and published in accordance with such general or special
directions as the Secretary of State may give, (b) the
Secretary of State and, if authorised by him, the person appointed to hold the
inquiry may by order require any person, subject to the payment or tender of the
reasonable expenses of his attendance, to attend as a witness and give evidence
or to produce any documents in his possession or power which relate to any matter
in question at the inquiry and are such as would be subject to production in a
court of law, (c) the
person holding the inquiry shall have power to take evidence on oath and for that
purpose to administer oaths, and (d) the
Secretary of State may make such order as to the payment of the costs incurred
by him in connection with the inquiry (including such reasonable sum not exceeding
£30 a day as he may determine for the services of any officer engaged in the inquiry)
by such party to the inquiry as he thinks fit, and may certify the amount of the
costs so incurred. (2) Any
amount certified as mentioned in subsection (1)(d) above and directed by the Secretary
of State to be paid by any person shall be recoverable from that person— (a) in
England or Wales, by the Secretary of State summarily as a civil debt (without
prejudice to any other means of recovering it), or (b) in
Scotland, by the Secretary of State. (3) A
person who fails without reasonable excuse to comply with any of the provisions
of an order under subsection (1)(b) above is guilty of an offence. |
General
provisions as to accident inquiries.
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181.—(1) Where
an accident arises out of the presence of a motor vehicle on a road,
the Secretary of State may direct inquiry to be made into the cause
of the accident.
(2) Where
any accident arising out of the presence of a motor vehicle on a road has occurred,
a person authorised by the Secretary of State in that behalf may, on production
if so required of his authority, inspect any vehicle in connection with which
the accident arose, and for that purpose may enter at any reasonable time any
premises where the vehicle is.
(3) If a person
obstructs a person so authorised in the performance of his duty under subsection
(2) above, he is guilty of an offence.
(4) If
in any case the Secretary of State considers that an inquiry to be made by him
under this section should be made by means of the holding of a public inquiry,
he may direct a public inquiry to be held.
(5) A
report made by or to the Secretary of State as the result of an inquiry under
this section shall not be used in evidence by or on behalf of a person by or against
whom any legal proceedings are instituted in consequence of the accident to which
the inquiry relates. |
Special
provisions as to accident inquiries in Greater London.
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182.—(1) Where,
owing to the presence of a vehicle on a road, an accident occurs
within Greater London and it appears to the Secretary of State that
the sole or a contributory cause of the accident was—
(a) the
nature or character of the road or of the road surface, or (b) a
defect in the design or construction of the vehicle or in the materials used in
the construction of the road or vehicle, he
may, if he thinks fit, cause an inquiry to be held into the cause of the accident.
(2) In
this section "road" includes a highway and a bridge carrying a highway and any
lane, mews, footway, square, court, alley or passage whether a thoroughfare or
not. |
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Application
to the Crown |
Application
to the Crown.
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183.—(1) Subject
to the provisions of this section—
(b) Part
II of this Act, except sections 68 to 74 and 77, (c) Part
III of this Act, except section 103(3), (d) Part
IV of this Act, and (e) in
this Part, sections 163, 164, 168, 169, 170(1) to (4), 177, 178, 181 and 182, apply
to vehicles and persons in the public service of the Crown.
(2) Sections
49 to 63 and section 65 of this Act apply— (a) to
vehicles in the public service of the Crown only if they are registered or liable
to be registered under the [1971 c. 10.] Vehicles (Excise) Act 1971,
and (b) to
trailers in the public service of the Crown only while drawn by vehicles (whether
or not in the public service of the Crown) which are required to be so registered. (3) Where
those sections so apply they do so subject to the following modifications— (a) examinations
of such vehicles in pursuance of regulations under section 49 or 61(2)(a) of this
Act may be made by or under the directions of examiners authorised by the Secretary
of State for the purpose instead of by or under the directions of examiners appointed
under section 68 of this Act or of certifying officers or public service vehicle
examiners appointed under the [1981 c. 14.] Public Passenger Vehicles
Act 1981, and (b) section
50(1) of this Act does not apply to the determination of an examiner so authorised
on any such examination, but any person aggrieved by such a determination may
appeal to the Secretary of State and on the appeal the Secretary of State shall
cause the vehicle to be re-examined by an officer appointed by him for the purpose
and may make such determination on the basis of the re-examination as he thinks
fit. (4) Neither
section 97(3) nor section 98(3) of this Act, in so far as they prevent such a
licence as is there mentioned from authorising a person to drive certain motor
cycles, applies— (a) in
the case of motor cycles owned by the Secretary of State for Defence and used
for naval, military or air force purposes, or (b) in
the case of motor cycles so used while being ridden by persons for the time being
subject to the orders of a member of the armed forces of the Crown. (5) Subject
to regulations made under subsection (2) of section 101 of this Act, that section
(in so far as it prohibits persons under 21 from holding or obtaining a licence
to drive motor vehicles or persons under 18 from holding or obtaining a licence
to drive medium-sized goods vehicles) does not apply— (a) in
the case of motor vehicles owned by the Secretary of State for Defence and used
for naval, military or air force purposes, or (b) in
the case of vehicles so used while being driven by persons for the time being
subject to the orders of a member of the armed forces of the Crown. (6) The
function of issuing licences under Part IV of this Act to persons subject to the
[1957 c. 53.] Naval Discipline Act 1957, to military law or to air
force law to drive goods vehicles in the public service of the Crown and of revoking
and suspending such licences shall be exercised by the prescribed licensing authority,
and references in that Part to the licensing authority shall be construed accordingly.
(7) Section
165 of this Act, in so far as it provides for the production of test certificates
and the giving of names and addresses, applies to a person in connection with
a vehicle to which section 47 of this Act applies notwithstanding that he or the
driver is or was at any material time in the public service of the Crown.
(8) Subsection
(1) of section 165 of this Act, in so far as it provides for the production of
any certificate mentioned in subsection (2)(c) of that section, applies to a person
in connection with a goods vehicle so mentioned notwithstanding that he or the
driver is or was at any material time in the public service of the Crown. |
Application
of sections 5 to 10 to persons subject to service discipline.
|
184.—(1) Sections
5 to 10 of this Act, in their application to persons subject to
service discipline, apply outside as well as within Great Britain
and have effect as if—
(a) references
to proceedings for an offence under any enactment included references to proceedings
for the corresponding service offence, (b) references
to the court included a reference to any naval, military or air force authority
before whom the proceedings take place, (c) references
to a constable included references to a member of the provost staff, (d) references
to a police station included references to a naval, military or air force unit
or establishment, (e) references
to a hospital included references to a naval, military or air force unit or establishment
at which medical or surgical treatment is provided for persons subject to service
discipline, and (f) in
section 6(1) the reference to a traffic offence included a reference to the corresponding
service offence. (2) In
relation to persons for the time being subject to service discipline, the power
to arrest conferred on a constable by section 4(6) of this Act is also exercisable
by a member of the provost staff and is so exercisable outside as well as within
Great Britain.
(3) In this section— "corresponding
service offence", in relation to an offence under any enactment, means an offence
under section 42 of the [1957 c. 53.] Naval Discipline Act 1957 or
an offence against section 70 of the [1955 c. 18.] Army Act 1955 or
section 70 of the [1955 c. 19.] Air Force Act 1955 committed by an
act or omission which is punishable under that enactment or would be so punishable
if committed in Great Britain, "member
of the provost staff" means a provost officer or any person legally exercising
authority under or on behalf of a provost officer, "persons
subject to service discipline" means persons subject to that Act of 1957, to military
law or to air force law and other persons to whom section 42 of that Act of 1957
or section 70 of either of those Acts of 1955 for the time being applies, "provost
officer" means a person who is a provost officer within the meaning of that Act
of 1957 or either of those Acts of 1955. |
| |
Interpretation |
Meaning
of "motor vehicle" and other expressions relating to vehicles.
|
185.—(1) In
this Act—
"heavy
locomotive" means a mechanically propelled vehicle which is not constructed itself
to carry a load other than any of the excepted articles and the weight of which
unladen exceeds 11690 kilograms, "heavy
motor car" means a mechanically propelled vehicle, not being a motor car, which
is constructed itself to carry a load or passengers and the weight of which unladen
exceeds 2540 kilograms, "invalid
carriage" means a mechanically propelled vehicle the weight of which unladen does
not exceed 254 kilograms and which is specially designed and constructed, and
not merely adapted, for the use of a person suffering from some physical defect
or disability and is used solely by such a person, "light
locomotive" means a mechanically propelled vehicle which is not constructed itself
to carry a load other than any of the excepted articles and the weight of which
unladen does not exceed 11690 kilograms but does exceed 7370 kilograms, "motor
car" means a mechanically propelled vehicle, not being a motor cycle or an invalid
carriage, which is constructed itself to carry a load or passengers and the weight
of which unladen— (a) if
it is constructed solely for the carriage of passengers and their effects, is
adapted to carry not more than seven passengers exclusive of the driver and is
fitted with tyres of such type as may be specified in regulations made by the
Secretary of State, does not exceed 3050 kilograms, (b) if
it is constructed or adapted for use for the conveyance of goods or burden of
any description, does not exceed 3050 kilograms, or 3500 kilograms if the vehicle
carries a container or containers for holding for the purposes of its propulsion
any fuel which is wholly gaseous at 17.5 degrees Celsius under a pressure of 1.013
bar or plant and materials for producing such fuel, (c) does
not exceed 2540 kilograms in a case not falling within sub-paragraph (a) or (b)
above, "motor
cycle" means a mechanically propelled vehicle, not being an invalid carriage,
with less than four wheels and the weight of which unladen does not exceed 410
kilograms, "motor
tractor" means a mechanically propelled vehicle which is not constructed itself
to carry a load, other than the excepted articles, and the weight of which unladen
does not exceed 7370 kilograms, "motor
vehicle" means, subject to section 20 of the [1970 c. 44.] Chronically
Sick and Disabled Persons Act 1970 (which makes special provision about invalid
carriages, within the meaning of that Act), a mechanically propelled vehicle intended
or adapted for use on roads, and "trailer"
means a vehicle drawn by a motor vehicle. (2) In
subsection (1) above "excepted articles" means any of the following: water, fuel,
accumulators and other equipment used for the purpose of propulsion, loose tools
and loose equipment. |
Supplementary
provisions about those expressions.
|
186.—(1) For
the purposes of section 185 of this Act, a side car attached to
a motor vehicle, if it complies with such conditions as may be specified
in regulations made by the Secretary of State, is to be regarded
as forming part of the vehicle to which it is attached and as not
being a trailer.
(2) For
the purposes of section 185 of this Act, in a case where a motor vehicle is so
constructed that a trailer may by partial super-imposition be attached to the
vehicle in such a manner as to cause a substantial part of the weight of the trailer
to be borne by the vehicle, that vehicle is to be deemed to be a vehicle itself
constructed to carry a load.
(3) For the purposes
of section 185 of this Act, in the case of a motor vehicle fitted with a crane,
dynamo, welding plant or other special appliance or apparatus which is a permanent
or essentially permanent fixture, the appliance or apparatus is not to be deemed
to constitute a load or goods or burden of any description, but is to be deemed
to form part of the vehicle.
(4) The Secretary
of State may by regulations vary any of the maximum or minimum weights specified
in section 185 of this Act.
(5) Regulations
under subsection (4) above may have effect— (a) either
generally or in the case of vehicles of any class specified in the regulations,
and (b) either
for the purposes of the provisions of the Road Traffic Acts and of all regulations
made under those provisions or for such of those purposes as may be so specified. (6) Nothing
in section 86 of the [1984 c. 27.] Road Traffic Regulation Act 1984
limits the powers conferred by subsection (4) above. |
Articulated
vehicles.
|
187.—(1) Unless
it falls within subsection (2) below, a vehicle so constructed that
it can be divided into two parts both of which are vehicles and
one of which is a motor vehicle shall (when not so divided) be treated
for the purposes of the enactments mentioned in subsection (3) below
as that motor vehicle with the other part attached as a trailer.
(2) A passenger vehicle so constructed
that— (a) it
can be divided into two parts, both of which are vehicles and one of which is
a motor vehicle, but cannot be so divided without the use of facilities normally
available only at a workshop, and (b) passengers
carried by it when not so divided can at all times pass from either part to the
other, shall
(when not so divided) be treated for the purposes of the enactments mentioned
in subsection (3) below as a single motor vehicle.
(3) The
enactments referred to in subsections (1) and (2) above are the [1960 c. 16.]
Road Traffic Act 1960, Parts I and II of the [1981 c. 14.] Public
Passenger Vehicles Act 1981, and the Traffic Acts.
(4) In
this section "passenger vehicle" means a vehicle constructed or adapted for use
solely or principally for the carriage of passengers. |
Hover
vehicles.
|
188.—(1) For
the purposes of the Road Traffic Acts, a hovercraft within the meaning
of the [1968 c. 59.] Hovercraft Act 1968 (in this section
referred to as a hover vehicle)—
(a) is
a motor vehicle, whether or not it is intended or adapted for use on roads, but (b) apart
from that is to be treated, subject to subsection (2) below, as not being a vehicle
of any of the classes defined in section 185 of this Act. (2) The
Secretary of State may by regulations provide— (a) that
any provisions of this Act which would otherwise apply to hover vehicles shall
not apply to them or shall apply to them subject to such modifications as may
be specified in the regulations, or (b) that
any such provision which would not otherwise apply to hover vehicles shall apply
to them subject to such modifications (if any) as may be specified in the regulations. |
Certain
vehicles not to be treated as motor vehicles.
|
189.—(1) For
the purposes of the Road Traffic Acts—
(a) a
mechanically propelled vehicle being an implement for cutting grass which is controlled
by a pedestrian and is not capable of being used or adapted for any other purpose, (b) any
other mechanically propelled vehicle controlled by a pedestrian which may be specified
by regulations made by the Secretary of State for the purposes of this section
and section 140 of the [1984 c. 27.] Road Traffic Regulation Act 1984,
and (c) an
electrically assisted pedal cycle of such a class as may be prescribed by regulations
so made, is
to be treated as not being a motor vehicle.
(2) In
subsection (1) above "controlled by a pedestrian" means that the vehicle either—
(a) is
constructed or adapted for use only under such control, or (b) is
constructed or adapted for use either under such control or under the control
of a person carried on it, but is not for the time being in use under, or proceeding
under, the control of a person carried on it. |
Method
of calculating weight of motor vehicles and trailers.
|
190.—(1) This
section applies for the purposes of the Traffic Acts and of any
other enactments relating to the use of motor vehicles or trailers
on roads.
(2) The
weight unladen of a vehicle or trailer shall be taken to be the weight of the
vehicle or trailer— (a) inclusive
of the body and all parts (the heavier being taken where alternative bodies or
parts are used) which are necessary to or ordinarily used with the vehicle or
trailer when working on a road, but (b) exclusive
of the weight of water, fuel or accumulators used for the purpose of the supply
of power for the propulsion of the vehicle or, as the case may be, of any vehicle
by which the trailer is drawn, and of loose tools and loose equipment. |
Interpretation
of statutory references to carriages.
|
191. A
motor vehicle or trailer—
(a) is
to be deemed to be a carriage within the meaning of any Act of Parliament, whether
a public general Act or a local Act, and of any rule, regulation or byelaw made
under any Act of Parliament, and (b) if
used as a carriage of any particular class shall for the purpose of any enactment
relating to carriages of any particular class be deemed to be a carriage of that
class. |
General
interpretation of Act.
|
192.—(1) In
this Act—
"bridleway"
means a way over which the public have the following, but no other, rights of
way: a right of way on foot and a right of way on horseback or leading a horse,
with or without a right to drive animals of any description along the way, "carriage
of goods" includes the haulage of goods, "cycle"
means a bicycle, a tricycle, or a cycle having four or more wheels, not being
in any case a motor vehicle, "driver",
where a separate person acts as a steersman of a motor vehicle, includes (except
for the purposes of section 1 of this Act) that person as well as any other person
engaged in the driving of the vehicle, and "drive" is to be interpreted accordingly, "footpath",
in relation to England and Wales, means a way over which the public have a right
of way on foot only, "goods"
includes goods or burden of any description, "goods
vehicle" means a motor vehicle constructed or adapted for use for the carriage
of goods, or a trailer so constructed or adapted, "highway
authority", in relation to England and Wales, means— (a) in
relation to a road other than a trunk road, the authority (being either the council
of a county, metropolitan district or London borough or the Common Council of
the City of London) which is responsible for the maintenance of the road, and (b) in
relation to a trunk road, the Secretary of State, "international
road haulage permit" means a licence, permit, authorisation or other document
issued in pursuance of a Community instrument relating to the carriage of goods
by road between member States or an international agreement to which the United
Kingdom is a party and which relates to the international carriage of goods by
road, "owner",
in relation to a vehicle which is the subject of a hiring agreement or hire-purchase
agreement, means the person in possession of the vehicle under that agreement, "petty
sessions area" has the same meaning as in the [1980 c. 43.] Magistrates'
Courts Act 1980, "prescribed"
means prescribed by regulations made by the Secretary of State, "road",
in relation to England and Wales, means any highway and any other road to which
the public has access, and includes bridges over which a road passes, "the
Road Traffic Acts" means the [.] Road Traffic Offenders Act 1988, the [.] Road Traffic (Consequential Provisions) Act 1988 (so far as it
reproduces the effect of provisions repealed by that Act) and this Act, "statutory",
in relation to any prohibition, restriction, requirement or provision, means contained
in, or having effect under, any enactment (including any enactment contained in
this Act), "the
Traffic Acts" means the Road Traffic Acts and the [1984 c. 27.] Road
Traffic Regulation Act 1984, "traffic
sign" has the meaning given by section 64(1) of the Road Traffic Regulation Act
1984, "tramcar"
includes any carriage used on any road by virtue of an order under the [1896
c. 48.] Light Railways Act 1896, and "trolley
vehicle" means a mechanically propelled vehicle adapted for use on roads without
rails and moved by power transmitted to it from some external source. (2) In
this Act— in
relation to Scotland, have the same meanings as in the [1984 c. 54.]
Roads (Scotland) Act 1984, and "footpath" , in relation to Scotland, means a way
over which the public have a right of way on foot only (whether or not associated
with a carriageway).
(3) References in this
Act to a class of vehicles are to be interpreted as references to a class defined
or described by reference to any characteristics of the vehicles or to any other
circumstances whatsoever. |
Exemptions
for tramcars, trolley vehicles, railway locomotives, carriages and trucks.
|
193. Schedule
4 to this Act (which excludes the application of certain provisions
of the Road Traffic Acts to tramcars, trolley vehicles, railway
locomotives, carriages and trucks) shall have effect. |
General
index.
|
194. The
expressions listed in the left-hand column below are respectively
defined or (as the case may be) fall to be construed in accordance
with the provisions of this Act listed in the right-hand column
in relation to those expressions.
| Expression
| Relevant
provision | | Bridleway | Section
192 | | Carriage
of goods | Section
192 | | Carriageway | Section
192 | | Cycle | Section
192 | | Drive | Section
192 | | Driver | Section
192 | | Footpath | Section
192 | | Footway | Section
192 | | Goods | Section
192 | | Goods
vehicle | Section
192 | | Goods
vehicle test certificate | Section
49(2)(b) | | Heavy
locomotive | Section
185 | | Heavy
motor car | Section
185 | | Highway
authority | Section
192 | | International
road haulage permit | Section
192 | | Invalid
carriage | Section
185 | | Light
locomotive | Section
185 | | Local
roads authority | Section
192 | | Motor
car | Section
185 | | Motor
cycle | Section
185 | | Motor
tractor | Section
185 | | Motor
vehicle | Sections
185, 186(1), 187, 188, 189 | | Owner | Section
192 | | Plating
certificate | Section
49(2)(a) | | Prescribed | Section
192 | | Public
road | Section
192 | | Road | Section
192 | | Roads
authority | Section
192 | | Road
Traffic Acts | Section
192 | | Special
road | Section
192 | | Statutory | Section
192 | | Test
certificate | Section
45(2) | | Traffic
Acts | Section
192 | | Traffic
sign | Section
192 | | Trailer | Section
185 | | Tramcar | Section
192 | | Trolley
vehicle | Section
192 | | Trunk
road | Section
192 | | Unladen
weight | Section
190 | |
| |
Supplementary |
Provisions
as to regulations.
|
195.—(1) Any
power conferred by this Act upon the Secretary of State to make
regulations shall be exercisable by statutory instrument.
(2) Before
making any regulations under this Act (other than regulations under section 88(3)
or Part V) the Secretary of State must consult with such representative organisations
as he thinks fit.
(3) A statutory instrument
whereby any power conferred by this Act upon the Secretary of State to make regulations
is exercised (other than the power conferred by sections 8(3), 11(2), 14, 15 (where
exercisable for the purposes of subsection (3) of that section) or 189) shall
be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The
Secretary of State must not make any regulations under section 8(3), 11(2), 14
or (where made for the purposes of subsection (3) of that section) 15 of this
Act unless a draft of the regulations has been approved by both Houses of Parliament.
(5) Regulations
under section 189 of this Act shall not have effect unless approved by resolution
of each House of Parliament. |
Provision,
etc., of weighbridges.
|
196.—(1) A
highway authority may—
(a) provide,
erect, maintain and operate, or join with another highway authority in providing,
erecting, maintaining and operating, weighbridges or other machines for weighing
vehicles, or (b) contribute
towards the cost of the provision, erection, maintenance and operation of any
such weighbridge or other machine by any other authority or person. (2) The
Secretary of State may exercise the powers conferred by subsection (1) above whether
or not in his capacity as highway authority, but may provide, erect, maintain
and operate any such machine on a road for which he is not the highway authority
only with the consent of the highway authority.
(3) Accordingly
the presence of any such machine on a road in consequence of the exercise of those
powers by virtue of subsection (2) above (as in any other case) shall not be taken
to be an obstruction of the road.
(4) The
provision or erection, or the making of a contribution towards the provision or
erection, of any such weighbridge or other machine shall be a purpose for which
the highway authority may borrow.
(5) In relation
to Scotland, references in this section to a highway authority are to be read
as references to a roads authority. |
Short
title, commencement and extent.
|
197.—(1) This
Act may be cited as the Road Traffic Act 1988.
(2) This
Act shall come into force, subject to the transitory provisions in Schedule 5
to the [.] Road Traffic (Consequential Provisions) Act 1988, at the end
of the period of six months beginning with the day on which it is passed.
(3) This
Act, except section 80 and except as provided by section 184, does not extend
to Northern Ireland. | |
