Office of Public Sector Information
PART VII continued
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(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 [1988 c. 53.] Road Traffic Offenders Act 1988, the [1988 c. 54.] 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—
“carriageway”
“footway”
“local roads authority”
“public road”
“road”
“roads authority”
“special road” and
“trunk road”,
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.
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.
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 |
(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.
(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.
(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 [1988 c. 54.] 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.
Road Traffic Act 1988