Office of Public Sector Information
Section 48.
1 In section 82(8) of the Transport Act 1968 (powers of entry and inspection), for the words “section 68 of the [1988 c. 52.] Road Traffic Act 1988” there shall be substituted the words “section 66A of the Road Traffic Act 1988”.
2 In section 99(8) of that Act (inspection of records), for the words from “a certifying” to “1988” there shall be substituted the words “an examiner appointed under section 66A of the Road Traffic Act 1988”.
3 In section 20(1) of the Chronically Sick and Disabled Persons Act 1970, in paragraph (b) (certain invalid carriages to be treated as not being motor vehicles for the purposes of the Road Traffic Act 1988 etc)—
(a) after the words “Road Traffic Act 1988” there shall be inserted the words “, except section 22A of that Act (causing danger to road users by interfering with motor vehicles etc),”, and
(b) at the end of the paragraph there shall be added the words “and sections 1 to 4, 163, 170 and 181 of the Road Traffic Act 1988 shall not apply to it”.
4 In section 5 of the Vehicles (Excise) Act 1971 (exemptions from duty in connection with vehicle testing etc) in subsection (3)—
(a) in the definition of “authorised person”, for the words from “person authorised” to “so authorised” there shall be substituted the words “person who is, or is acting on behalf of, an examiner or inspector entitled to carry out examinations for the purposes of that section”, and for the words “goods vehicle examiner” there shall be substituted the words “vehicle examiner”, and
(b) for the definition of “goods vehicle examiner” there shall be substituted— ““vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.”
5 In Schedule 4A to that Act (duty on vehicles used for carrying exceptional loads)—
(a) in paragraph 1, for the words “section 42 of the Road Traffic Act 1972” there shall be substituted the words “section 44 of the Road Traffic Act 1988”, and
(b) in paragraph 4, for the words “section 40” there shall be substituted the words “section 41”, and for the words “the Road Traffic Act 1972” in each place where they occur there shall be substituted the words “the Road Traffic Act 1988”.
6 In section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (power to prohibit driving of foreign goods vehicle) in subsection (6)(a) for sub-paragraphs (i) to (iii) there shall be substituted the words “section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) or regulations under section 41 of that Act (construction, weight, equipment etc of motor vehicles and trailers),”.
7 In section 2(3B) of that Act (provisions supplementary to section 1) for “72(9)” there shall be substituted “72A”.
8 In section 7(1) of that Act (interpretation)—
(a) in the definition of “examiner”, for the words following “means” there shall be substituted the words “an examiner appointed under section 66A of the [1988 c. 52.] Road Traffic Act 1988, or a constable authorised to act for the purposes of this Act by or on behalf of a chief officer of police”, and
(b) in the definition of “official testing station” for “72(8)” there shall be substituted “72A”.
9 In Schedule 2 to that Act (provisions relating to vehicles and their drivers) after the entry relating to section 100 of the [1968 c. 73.] Transport Act 1968 there shall be inserted the following entry—
| “Section 40A of the Road Traffic Act 1988. | To create offence of using motor vehicle or trailer in dangerous condition etc.” |
10 In section 1(9) of the International Road Haulage Permits Act 1975 in the definition of “examiner” for the words “section 68(1)” there shall be substituted the words “section 66A”.
11 In section 42 of the Highways Act 1980 (power of district councils to maintain certain highways) in subsection (2)(c)(ii) for the words “under section 84 of that Act imposing a special limit” there shall be substituted the words “made by virtue of section 84(1)(a) of that Act imposing a speed limit”.
12 In each of sections 90A(1) and 90B(1) of that Act (construction of road humps) at the beginning of paragraph (b) there shall be inserted the words “(whether or not the highway is subject to such a limit)”.
13 In section 90F(2) of that Act (interpretation) for the definition of “statutory” there shall be substituted—
““statutory speed limit” means a speed limit having effect by virtue of an enactment other than section 84(1)(b) or (c) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (temporary and variable speed limits).”
14 In section 6(1)(a) of the Public Passenger Vehicles Act 1981 (certificates of fitness etc), for the words “a certifying officer” there shall be substituted the words “an examiner appointed under section 66A of the Road Traffic Act 1988”.
15 In section 10(2) of that Act (approval of type vehicle), for the words “the certifying officer” there shall be substituted the words “an examiner appointed under section 66A of the Road Traffic Act 1988”.
16 (1) Section 51 of that Act (appeals to Secretary of State) shall be amended as follows.
(2) In subsection (1) for the words “a certifying officer” there shall be substituted the words “an examiner”.
(3) In subsection (4) for the words “the certifying officer” in each place where they occur there shall be substituted the words “the examiner”.
17 In Part II of Schedule 1 to the Criminal Justice Act 1982 (offences excluded from Secretary of State’s power to make orders concerning the early release of prisoners)—
(a) in the entry relating to section 1 of the [1988 c. 52.] Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “dangerous”, and
(b) after that entry there shall be inserted— “Section 3A (causing death by careless driving when under the influence of drink or drugs).”
18 (1) Section 9 of the Transport Act 1982 (private sector vehicle testing: the testing and surveillance functions) shall be amended as follows.
(2) Under the cross-heading “Functions under the 1988 Act”—
(a) for the paragraph beginning “The power of entry”, there shall be substituted— “The power of entry, inspection and detention of vehicles under section 68, but only in relation to vehicles brought to the place of inspection in pursuance of a direction given by a vehicle examiner or a constable under subsection (3) of that section.”,
(b) in the following paragraph, after “69” there shall be inserted “69A,”, and for the word “goods vehicles” there shall be substituted the word “vehicles”.
(3) Under the cross-heading “Functions under the 1981 Act”, the paragraph beginning “Any functions under section 9” shall be omitted.
19 (1) Section 10 of that Act (private sector vehicle testing: supplementary) shall be amended as follows.
(2) For subsection (3) there shall be substituted—
“(3) The words “or an authorised inspector” shall be inserted—
(a) in sections 51(1)(b) and 61(2)(a) of the 1988 Act, after the words “a vehicle examiner”, and
(b) in section 6(1)(a) and 10(2) of the 1981 Act, after the words “Act 1988”;
and the words “or authorised inspector” shall be inserted after the word “examiner” wherever occurring in section 69 of the 1988 Act.”
(3) In subsection (6) for “68(3)” there shall be substituted “68(1)”, and for “(4)” there shall be substituted “(3)”.
(4) In subsection (9), in subsection (2A) to be inserted in section 20 of the [1981 c. 14.] Public Passenger Vehicles Act 1981, for the words “public service vehicle examiner” there shall be substituted the words “an examiner appointed under section 66A of the Road Traffic Act 1988”.
(5) In subsection (10) for the words from “certifying officer” to “goods vehicle examiner” there shall be substituted the words “vehicle examiner”.
20 For section 20 of that Act (substitution of new section for section 72 of the 1988 Act) there shall be substituted—
In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.
For section 21(4) of that Act (amendments with respect to appeals) there shall be substituted—
“(4) In section 51 of that Act (appeals to the Secretary of State)—
(a) in subsection (1), after the word “examiner” there shall be inserted the words “or an authorised inspector”;
(b) after subsection (1) there shall be inserted the following subsections—
“(1A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State.
(1B) On any appeal under subsection (1A) above, the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.”; and
(c) in subsection (4) after the word “examiner” in both places where it occurs there shall be inserted the words “prescribed testing authority or authorised inspector concerned”.”
(1) Section 24 of that Act (falsification of documents) shall be amended as follows.
(2) In subsection (2) for paragraph (a) there shall be substituted—
(a) in subsection (4) after the words “of this Act” there shall be inserted the words “or an authorised inspector appointed under section 8 of the [1982 c. 49.] Transport Act 1982”;”.
(3) In subsection (4), in section 66A(2) to be inserted in the [1981 c. 14.] Public Passenger Vehicles Act 1981, for the words “a certifying officer, a public service vehicle examiner” there shall be substituted the words “an examiner appointed under section 66A of the [1988 c. 52.] Road Traffic Act 1988”.
23 In section 26 of that Act (interpretation) for the definition of “goods vehicle examiner” there shall be substituted—
““vehicle examiner” means an examiner appointed under section 66A of the 1988 Act.”
24 In section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) in subsection (1)(b), as substituted by the [1991 c. 22.] New Roads and Street Works Act 1991, for the words “83(2) or 84” there shall be substituted the words “or 83(2) or by virtue of section 84(1)(a)”.
25 In section 17(2) of that Act (traffic regulation on special roads) at the end there shall be added—
“(d) include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.”
26 In section 44 of that Act (control of off-street parking outside Greater London) in subsection (5) for the words “under section 84” there shall be substituted the words “made by virtue of section 84(1)(a)”.
27 In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), after subsection (4) there shall be inserted the following subsection—
“(4A) A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.”
28 In section 51 of that Act (parking devices), in subsection (5) the words “being not less than 2 years” shall be omitted.
29 In section 65 of that Act (powers and duties of highway authorities as to placing of traffic signs) after subsection (1) there shall be inserted—
“(1A) The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.”
30 In section 85 of that Act (traffic signs for indicating speed restrictions) in subsections (1) and (2)(a) the words “the prescribed” shall be omitted.
31 (1) Section 96 of that Act (additional powers of traffic wardens) shall be amended as follows.
(2) In subsection (2) at the end of paragraph (b) there shall be inserted—
“(bb) in this Act—
(i) section 100(3) (which relates to the interim disposal of vehicles removed under section 99); and
(ii) sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);”.
(3) At the end of that section there shall be added—
“(4) Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.
(5) Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.”
32 At the end of section 99 of that Act (removal of vehicles illegally parked) there shall be inserted—
“(6) For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.”
33 In section 103 of that Act (supplementary provision as to removal of vehicles), for subsection (3) there shall be substituted—
“(3) Regulations made under sections 99 to 102 of this Act may make different provision for different cases or classes of case or in respect of different areas.”
34 (1) Section 104 of that Act (immobilisation of vehicles illegally parked) shall be amended as follows.
(2) In subsection (3) for the word “constable” there shall be substituted the words “person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found”.
(3) In subsection (12) there shall be added at the end “or classes of case or in respect of different areas”.
35 At the end of section 104 of that Act (immobilisation of vehicles illegally parked) there shall be inserted—
“(12A) For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.”
36 (1) Section 105 of that Act (exemptions from section 104) shall be amended as follows.
(2) In subsection (6)(a), for the words from “either” to “use) of” there shall be substituted the words “in accordance with regulations under”.
(3) In subsection (6)(b), for “117(2)(b)” there shall be substituted “117(1)(b)”.
37 In paragraph 13 of Schedule 9 to that Act (consent of Secretary of State before local authority make certain orders), after sub-paragraph (1)(d)(ii) there shall be inserted—
“(iii) a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or”.
38 (1) In section 36 of the Roads (Scotland) Act 1984 (construction of road humps by roads authority) at the beginning of paragraph (b) there shall be inserted the words “(whether or not the road is subject to such a limit)”.
(2) In section 40 of that Act (interpretation of sections 36 to 39) at the end of the definition of “statutory” there shall be added the words “other than section 84(1)(b) or (c) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (temporary and variable speed limits)”.
39 In Part II of Schedule 5 to the Police and Criminal Evidence Act 1984 (serious arrestable offences)—
(a) in the entry relating to section 1 of the [1988 c. 52.] Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “dangerous”, and
(b) after that entry there shall be inserted— “Section 3A (causing death by careless driving when under the influence of drink or drugs).”
40 In section 16 of the Coroners Act 1988 (adjournment of inquest in certain cases) in subsection (1)(a)(ii) for the words from “section” to “driving)” there shall be substituted the words “section 1 or 3A of the [1988 c. 52.] Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs)”.
41 In section 17 of that Act (supplementary provisions) in subsections (1)(b) and (2)(b) for the words from “section” to “driving)” there shall be substituted the words “section 1 or 3A of the Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs)”.
42 In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis)—
(a) in subsection (1) for the words “section 4” there shall be substituted the words “section 3A, 4”, and
(b) in subsection (3)(c) for the words “section 4” there shall be substituted the words “section 3A or 4”.
43 In section 10 of that Act (detention of persons affected by alcohol or a drug) in subsections (1) and (2) for the words “motor vehicle” in each place where they occur there shall be substituted the words “mechanically propelled vehicle”.
44 In section 11(1) of that Act (interpretation), for “4” there shall be substituted “3A”.
45 In section 12 of that Act (motor racing on public ways), in subsection (2) for the words “public highway” there shall be substituted the word “highway”.
46 In section 13 of that Act (regulation of motoring events on public ways), in subsection (4) for the words “public highway” there shall be substituted the word “highway”.
47 In section 14 of that Act (seat belts: adults) in subsection (2)(b)(i) for the word “addresses” there shall be substituted the word “addressees”.
48 In section 22 of that Act (leaving vehicles in dangerous positions) for the words “be likely to cause danger” there shall be substituted the words “involve a danger of injury”.
49 In section 31 of that Act (regulation of cycle racing on public ways) for subsection (6) there shall be substituted—
“(6) In this section “public way” means, in England and Wales, a highway, and in Scotland, a public road but does not include a footpath.”
50 (1) Section 41 of that Act (regulation of construction, weight, equipment and use of vehicles) shall be amended as follows.
(2) In subsection (2) at the end of paragraph (e) there shall be added the words “(by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked,”.
(3) In subsection (2) after paragraph (j) there shall be inserted—
“(jj) speed limiters,”.
(4) After subsection (4) there shall be inserted—
“(4A) Regulations under this section with respect to speed limiters may include provision—
(a) as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them,
(b) imposing or providing for the imposition of conditions to be complied with by authorised persons,
(c) as to the withdrawal of authorisations.”
51 In section 44(1) of that Act (authorisation of use on roads of special vehicles not complying with regulations under section 41) for the words from “and nothing” to “prevent” there shall be substituted the words “and sections 40A to 42 of this Act shall not apply in relation to”.
52 (1) Section 45 of that Act (tests of satisfactory condition of vehicles) shall be amended as follows.
(2) In subsection (1), for the words “prescribed statutory requirements” onwards there shall be substituted the words “following requirements are complied with, namely—
(a) the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and
(b) the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.”
(3) In subsection (3), for paragraph (b) there shall be substituted—
“(b) examiners appointed under section 66A of this Act”.
53 In section 46(a) of that Act (regulations as to authorisation of examiners), after the words “of examiners” there shall be inserted the words “in accordance with subsection (3)(a) of that section”.
54 (1) Section 49 of that Act (tests of satisfactory condition of goods vehicles and determination of plated weights etc) shall be amended as follows.
(2) In subsection (1), for the words following paragraph (b) there shall be substituted the words “or
(c) for the purpose of ascertaining whether the condition of the vehicle is such that its use on a road would involve a danger of injury to any person,
or for any of those purposes.”
(3) In subsection (2)(b), after the word “requirements” there shall be inserted the words “and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person”.
(4) In subsection (4), in the definition of “goods vehicle test”, after the word “requirements” there shall be inserted the words “, or the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person,”.
55 (1) Section 50 of that Act (appeals against determinations) shall be amended as follows.
(2) In subsection (1) for the words “an area” onwards there shall be substituted the words “the Secretary of State”.
(3) Subsections (2) and (3) shall be omitted.
56 (1) Section 73 of that Act (provisions supplementary to sections 69 to 72) shall be amended as follows.
(2) For subsection (1) there shall be substituted—
“(1) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is an authorised vehicle, he must as soon as practicable take steps to bring the contents of the notice to the attention of—
(a) the traffic commissioner by whom the operator’s licence was granted for the vehicle, and
(b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.
(1A) Where it appears to a person giving a notice under section 69(6) or 70(2) of this Act that the vehicle concerned is used under a PSV operator’s licence, he must as soon as practicable take steps to bring the contents of the notice to the attention of—
(a) the traffic commissioner by whom the PSV operator’s licence was granted for the vehicle, and
(b) the holder of the licence if he is not in charge of the vehicle at the time when the notice is given.
(1B) In a case not within subsection (1) or subsection (1A) above, a person giving a notice under section 69(6) or 70(2) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of the owner of the vehicle if he is not in charge of it at the time when the notice is given.
(1C) A person giving a notice to the owner of a vehicle under section 72(7) of this Act must as soon as practicable take steps to bring the contents of the notice to the attention of any other person—
(a) who was the person to whom the previous notice under section 69(6) or 70(2) was given and was then the owner of the vehicle, or
(b) to whose attention the contents of the previous notice were brought under this section.”
(3) Subsection (2) shall be omitted.
(4) In subsection (4) at the end there shall be added the words “; and “PSV operator’s licence” has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981”.
57 In subsection (1)(a) of section 74 of that Act (operator’s duty to inspect goods vehicles) after the word “whether” there shall be inserted the words “the following requirements are complied with, namely—
(i)”and for the words “are complied with” there shall be substituted the words
(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person”.
58 (1) Section 76 of that Act (fitting and supply of defective or unsuitable vehicle parts) shall be amended as follows.
(2) In subsection (1), after the words “to the vehicle” there shall be inserted the words “involve a danger of injury to any person or”.
(3) In subsection (2)(b)(ii), after the words “its use” there shall be inserted the words “on a road”, and at the end there shall be added the words “and would not involve a danger of injury to any person.”
(4) At the end of each of subsection (3), (5)(b)(ii) and (6)(a) there shall be added the words “or involve a danger of injury to any person”.
59 (1) Section 79 of that Act (provisions relating to weighing of motor vehicles) shall be amended as follows.
(2) In subsection (2)—
(a) for “68(1)” there shall be substituted “66A”;
(b) for the words from “vehicles of” to “vehicles generally” there shall be substituted the words “goods vehicles, public service vehicles, and vehicles which are not public service vehicles but are adapted to carry more than eight passengers,”.
(3) In subsection (3)—
(a) for the words from “vehicles of” to “vehicles generally” there shall be substituted the words “such vehicles”, and
(b) for the words “a certifying officer,” there shall be substituted the word “an”.
60 In section 84(2) of that Act (remuneration of examiners), for the words from “goods” to “73” there shall be substituted the words “examiners appointed under section 66A”.
61 In section 85 of that Act (interpretation of Part II)—
(a) in the definition of “official testing station” for “72(8)” there shall be substituted “72A”, and
(b) after the definition of “prescribed” there shall be inserted—
““public service vehicle” has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981,”.
62 In section 86 of that Act (index to Part II), in the table, after the entry for “Prescribed” there shall be inserted—
| “Public service vehicle | Section 85”and after the entry for “Type approval requirements” there shall be inserted— |
| “Vehicle examiner | Section 66A”. |
63 In section 89 of that Act (tests of competence to drive) at the end of subsection (3)(a) there shall be inserted the words “and section 36 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (disqualification),”.
64 In section 115(3) of that Act (revocation or suspension of large goods vehicle or passenger-carrying vehicle driver’s licences) for the words “subsection (1)(a) above” there shall be substituted the words “this section or section 117 of this Act”.
Road Traffic Act 1991