Begrüßungsrede des Sonderbeauftragten für den Deutschen OSZE-Vorsitz 2016 Dr. Gernot Erler
For sections 1 and 2 of the Road Traffic Act 1988 there shall be substituted—
For section 3 of the Road Traffic Act 1988 there shall be substituted—
Before section 4 of the Road Traffic Act 1988 there shall be inserted—
In section 4 of the Road Traffic Act 1988, in subsections (1), (2) and (3) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
After section 13 of the Road Traffic Act 1988 there shall be inserted—
Before section 23 of the Road Traffic Act 1988 there shall be inserted—
For section 28 of the Road Traffic Act 1988 there shall be substituted—
At the beginning of Part II of the Road Traffic Act 1988 there shall be inserted—
For section 42 of that Act there shall be substituted—
Section 7 of the Public Passenger Vehicles Act 1981 and section 68(1) and (2) of the Road Traffic Act 1988 (which provide for the appointment of certifying officers, public service vehicle examiners and examiners of goods vehicles) shall cease to have effect, and after section 66 of the Road Traffic Act 1988 there shall be inserted—
Any reference in any Act, or in any instrument made under any Act, to a certifying officer or public service vehicle examiner appointed under the Public Passenger Vehicles Act 1981 or to an examiner appointed under section 68(1) of the Road Traffic Act 1988 shall, so far as may be appropriate in consequence of the preceding provisions of this section, be construed as a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.
Section 67 of the Road Traffic Act 1988 (tests on roads to ascertain compliance with certain requirements) shall be amended as follows.
In subsection (1) for paragraph (a) there shall be substituted—.
For subsection (2) there shall be substituted—
In subsection (4)(b) for “68(1)” there shall be substituted “ 66A ”.
In subsection (4)(e) for the words “under instructions of the” there shall be substituted the words “ on behalf of a ”.
Subsections (1) to (2) of section 8 of the Public Passenger Vehicles Act 1981 (inspection of public service vehicles) shall cease to have effect, and for section 68 of the Road Traffic Act 1988 (inspection of goods vehicles) there shall be substituted—
Section 9 of the Public Passenger Vehicles Act 1981 (unfit public service vehicles) shall cease to have effect, and for section 69 of the Road Traffic Act 1988 (unfit goods vehicles) there shall be substituted—
Section 70 of the Road Traffic Act 1988 shall be amended as follows.
In subsection (1)—
after the words “where a goods vehicle” there shall be inserted the words “ , or a motor vehicle adapted to carry more than eight passengers, ”;
for the words “a goods vehicle examiner” there shall be substituted the words “ a vehicle examiner ”;
at the end there shall be added the words “ or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person ”.
In subsection (2)—
for “69(2)” there shall be substituted “ 69(6) ”;
after the words “that limit” there shall be inserted the words “ or, as the case may be, so that it is no longer excessive ”.
In subsection (4), for the words “a goods vehicle examiner” there shall be substituted the words “ a vehicle examiner ”.
For section 71 of the Road Traffic Act 1988 there shall be substituted—
For section 72 of the Road Traffic Act 1988 there shall be substituted—
Section 75 of the Road Traffic Act 1988 (vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy) shall be amended as follows.
In subsection (3), sub-paragraph (iii) of paragraph (a) shall be omitted and for paragraph (b) there shall be substituted—.
In subsection (4), after the words “that condition” there shall be inserted—, and at the end there shall be added the words or
In subsection (6), paragraph (c) shall be omitted.
After subsection (6) there shall be inserted—
In subsection (1) of section 87 of the Road Traffic Act 1988 (offence for person to drive if he is not the holder of a licence) for the words “if he is not the holder of” there shall be substituted the words “ otherwise than in accordance with ”.
In subsection (2) of that section (offence to allow a person to drive if he does not hold a licence) for the words “if that other person is not the holder of a licence authorising him” there shall be substituted the words “ otherwise than in accordance with a licence authorising that other person ”.
Sections 97(7) and 98(5) of the Road Traffic Act 1988 (which make it an offence to fail to comply with the conditions of certain licences) shall cease to have effect.
In section 92 of the Road Traffic Act 1988 (physical fitness of drivers) at the end there shall be added—
In section 94 of that Act (provision of information about disabilities) after subsection (3) there shall be inserted—
After section 94 of that Act there shall be inserted—
For section 103 of the Road Traffic Act 1988 there shall be substituted—
Section 144 of the Road Traffic Act 1988 shall be amended as follows.
In subsection (1) (which removes the requirement for third-party insurance or security where £15,000 is kept deposited with the Accountant General of the Supreme Court) for “£15,000” there shall be substituted “ £500,000 ”.
After subsection (1) there shall be inserted—
For section 172 of the Road Traffic Act 1988 there shall be substituted—
Schedule 1 to this Act, which amends Schedule 1 to the Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences), shall have effect.
For section 20 of the Road Traffic Offenders Act 1988 (admissibility of measurement of speed by radar) there shall be substituted—
For section 24 of the Road Traffic Offenders Act 1988 there shall be substituted—
For section 26 of the Road Traffic Offenders Act 1988 (interim disqualification on committal for sentence in England and Wales) there shall be substituted—
Schedule 2 to this Act, which amends Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), shall have effect.
For section 28 of the Road Traffic Offenders Act 1988 there shall be substituted—
For section 29 of the Road Traffic Offenders Act 1988 there shall be substituted—
Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) shall be amended as follows.
For subsection (2) there shall be substituted—
In subsection (3) before paragraph (a) there shall be inserted—.
For subsection (4) there shall be substituted—
After section 34 of the Road Traffic Offenders Act 1988 there shall be inserted—
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Subject to the following provisions, no order shall be made under section 34A of the Road Traffic Offenders Act 1988 after the end of 1997 or such later time as may be specified in an order made by the Secretary of State.
At any time before the restriction imposed by subsection (1) above has taken effect, the Secretary of State may by order provide that it shall not do so.
In this section “the experimental period” means the period beginning when section 30 above comes into force and ending—
when the restriction imposed by subsection (1) above takes effect, or
if the Secretary of State makes an order under subsection (2) above, on a date specified in the order (being a date falling before the time when the restriction imposed by subsection (1) above would otherwise have taken effect).
During the experimental period—
no order shall be made under section 34A of the Road Traffic Offenders Act 1988 by virtue of a person’s conviction under section 3A of the Road Traffic Act 1988, and
no order shall be made under section 34A of the Road Traffic Offenders Act 1988 except by a magistrates' court acting for a petty sessions area (or in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.
In relation to orders made under section 34A during the experimental period, that section shall have effect with the omission of subsection (6) and section 34B shall have effect as if references to the supervising court were references to the court which made the order.
The power to designate an area or district for the purposes of this section shall be exercisable by the Secretary of State by order, and includes power to revoke any designation previously made.
An order under subsection (6) above shall specify the period for which an area or district is designated, and may—
specify different periods for different areas or districts, and
extend or abridge any period previously specified.
The power to make an order under subsection (1) above shall not be exercisable after the end of 1997, and no more than one order may be made under that subsection.
Any power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, and—
no order shall be made under subsection (1) or (2) above unless a draft of it has been laid before and approved by resolution of each House of Parliament, and
any statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House.
For section 36 of the Road Traffic Offenders Act 1988 there shall be substituted—
In section 37 of the Road Traffic Offenders Act 1988 (effect of order of disqualification) after subsection (1) there shall be inserted—
For sections 75 to 77 of the Road Traffic Offenders Act 1988 (which relate to Scotland only) there shall be substituted—
Section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) shall be amended in accordance with subsections (2) to (5) below.
For subsections (2) and (3) there shall be substituted—
In subsection (4), the words “and any badge” onwards shall be omitted.
After subsection (4) there shall be inserted—
In subsection (5), the words “and in the case” onwards shall be omitted.
In section 117 of the Road Traffic Regulation Act 1984 (wrongful use of disabled person’s badge) for subsections (1) and (2) there shall be substituted—
In each of sections 223 and 436 of the Criminal Procedure (Scotland) Act 1975 (forfeiture of property) after subsection (1) there shall be inserted—
In section 223 of that Act after subsection (1A) there shall be inserted—
In section 436 of that Act after subsection (1A) there shall be inserted—
Section 44 of the Powers of Criminal Courts Act 1973 (disqualification by Crown Court where vehicle used for purposes of crime) shall be amended as follows.
After subsection (1) there shall be inserted—
In subsection (2) after the words “this section applies” there shall be inserted the words “by virtue of subsection (1) above”.
After subsection (2) there shall be inserted—
After each of sections 223 and 436 of the Criminal Procedure (Scotland) Act 1975 there shall be added sections numbered 223A and 436A in the following terms—
In Part V of the Highways Act 1980 immediately before section 96 there shall be inserted—
In Part IV of the Roads (Scotland) Act 1984 after section 49 there shall be inserted—
After section 35B of the Road Traffic Regulation Act 1984 there shall be inserted—
After section 46 of the Road Traffic Regulation Act 1984 (which deals with charges at, and regulation of, parking places) there shall be inserted—
Schedule 3 shall have effect for the purpose of making provision with respect to areas outside London corresponding to that made with respect to London, and areas within London, under sections 63 to 79 of this Act.
In this section “London” has the same meaning as it has in Part II of this Act.
After section 63 of the Road Traffic Regulation Act 1984, there shall be inserted—
In section 35 of that Act (provisions as to use of parking places provided under section 32 or 33), subsection (9) shall be omitted.
Section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), shall be amended as follows.
For subsection (1) there shall be substituted—
In subsection (3) for the words “under subsection (1)” there shall be substituted the words “ made by virtue of subsection (1)(a) ”.
At the end there shall be added—
After section 141 of the Road Traffic Regulation Act 1984 (tramcars and trolley vehicles) there shall be inserted—
After section 193 of the Road Traffic Act 1988 (exemptions for tramcars, trolley vehicles etc) there shall be inserted—
Part II of the Local Government (Miscellaneous Provisions) Act 1976 (including that Part as it applies in any area at the commencement of this section) shall have effect with the insertion of the following subsection after subsection (1) of each of section 51 (licensing of drivers of private hire vehicles) and section 59 (qualifications for drivers of hackney carriages)—
Where any local Act contains a provision requiring a district council to be satisfied as to the fitness of an applicant to hold a licence to drive a private hire vehicle or a hackney carriage, the council may send to the chief officer of police for the police area in which the council is situated— and the chief officer shall respond to the request.
a copy of that person’s application, and
a request for the chief officer’s observations;
In subsection (2), the reference to a district council shall be read in relation to Wales as including a reference to a county council or county borough council.
Schedule 4 to this Act, which makes minor amendments and amendments consequential on the preceding provisions of this Act, shall have effect.
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The Secretary of State may by order (“a priority route order”) designate any road in London as a priority route.
The Secretary of State shall exercise his powers under subsection (1) above so as to provide for a network of priority routes in London (“the priority route network”) with a view to improving the movement of traffic.
Before making a priority route order, the Secretary of State shall consult—
the London authority within whose area the proposed priority route is;
the relevant Commissioner or, if appropriate, both Commissioners; and
London Regional Transport.
Where it appears to the Secretary of State that the designation of any road as a priority route is likely to affect a road within the area of— he shall also consult that other London authority, or that county council, before making the proposed priority route order.
a London authority other than that consulted under subsection (3)(a) above; or
a county council,
The Secretary of State shall issue to the London authorities and the Director guidance (“the Secretary of State’s traffic management guidance”) with respect to the management of traffic in London, and in particular with respect to priority routes and the priority route network.
Any such guidance may—
include provision—
setting out the Secretary of State’s objectives in designating priority routes; and
with respect to the role of the Director; and
be varied at any time by the Secretary of State.
Before issuing or varying any such guidance, the Secretary of State shall consult—
such associations of London authorities (if any) as he thinks appropriate;
the two Commissioners;
the Disabled Persons Transport Advisory Committee; and
London Regional Transport.
In preparing any such guidance, the Secretary of State shall have regard to the needs of people with a disability.
The Secretary of State shall appoint a person to be known as the Traffic Director for London (in this Act referred to as “the Director”).
Schedule 5 to this Act shall have effect with respect to the Director.
In addition to the specific duties imposed on him by this or any other enactment, the Director shall have the general duty—
of co-ordinating the introduction and maintenance of traffic management measures taken by highway authorities in relation to priority routes established under this Part of this Act; and
of monitoring the operation of those measures.
The Director shall keep under review the manner in which the London authorities exercise their functions under Part III of the New Roads and Street Works Act 1991 in relation to priority routes or roads which, in his opinion, are likely to affect traffic using any priority route.
The Secretary of State shall set objectives which he expects the Director to meet in exercising his functions.
The Secretary of State shall publish, in such manner as he considers appropriate, any objectives which he sets under subsection (5) above.
The Director shall exercise his functions—
so as to meet any such objectives, so far as it is reasonably practicable for him to do so; and
in accordance with any directions which the Secretary of State may from time to time see fit to give him.
Any objectives set for the Director under subsection (5) above and any directions given to him under subsection (7) above may be specific or general.
The Secretary of State shall publish, in such manner as he considers appropriate, any directions which he gives to the Director under subsection (7) above.
As soon as is reasonably practicable after first receiving a copy of the Secretary of State’s traffic management guidance, the Director shall prepare and submit to him, and to each of the London authorities, his plans for the design and operation of the priority route network (“the network plan”).
The Director may divide the network plan into such parts as he considers appropriate and prepare and submit those parts separately.
In preparing the network plan, or any part of it, the Director shall have regard to the Secretary of State’s traffic management guidance and to the needs of people with a disability.
Before submitting the network plan, or any part of it, the Director shall consult—
the Secretary of State;
the relevant Commissioner or, if appropriate, both Commissioners;
any London authority within whose area there is any road which, in the opinion of the Director, is likely to be affected;
such county councils (if any) as he thinks appropriate;
such associations of London authorities (if any) as he thinks appropriate; and
London Regional Transport.
The network plan shall, in particular, include provision with respect to—
the Director’s overall objectives for particular priority routes;
the traffic management measures which he expects to see taken in relation to priority routes in general or particular priority routes;
the Director’s requirements as to the timetable for the phased introduction of the priority route network; and
the operation and maintenance of traffic management measures taken in respect of priority routes.
The Director may from time to time vary the network plan, but before doing so he shall consult the persons mentioned in subsection (4) above.
In preparing any variation, the Director shall have regard to the Secretary of State’s traffic management guidance and to the needs of people with a disability.
After varying the network plan, the Director shall submit it to the Secretary of State and to each of the London authorities.
The Director shall—
keep the network plan under review; and
have regard to the desirability of varying it, particularly in the light of any further guidance issued by the Secretary of State under section 51 of this Act.
Each London authority shall, after first receiving a copy of— prepare a statement (“the local plan”) of their proposals with respect to the operation of those priority routes which are within their area and with respect to which they are the highway authority.
the Secretary of State’s traffic management guidance; and
the network plan,
A local plan shall be in such form as may be specified by the Director.
Where the Director prepares and submits the network plan in parts, subsection (1) above applies separately with respect to each part of the network plan.
A local plan shall be prepared in accordance with the timetable set out in the network plan by virtue of section 53(5)(c) of this Act.
Where the Secretary of State asks a London authority to make provision in their local plan with respect to a trunk road within their area which is a priority route, that authority may make, or (as the case may be) vary, their local plan so that it also has effect in relation to that trunk road.
In preparing their local plan, a London authority shall have regard to—
the Secretary of State’s traffic management guidance; and
the network plan.
A London authority’s local plan shall, in particular—
indicate which of their powers under the Highways Act 1980 or the Road Traffic Regulation Act 1984 they propose to exercise in relation to the priority routes to which their plan relates and the manner in which they propose to exercise them;
identify any orders made under the Act of 1984 which are, in their opinion, inconsistent with their plan and indicate their proposals for varying or revoking them;
indicate—
which of their powers under the Act of 1980 or the Act of 1984 they propose to exercise in relation to those other roads in their area which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which their plan relates; and
the manner in which they propose to exercise them;
indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;
specify—
the period which they consider will be required to implement their plan, on the assumption that it is approved by the Director; and
a timetable (“the local plan timetable”) for implementing the different elements of their plan;
specify a programme of maintenance of those traffic management measures which are derived from the exercise, on or in relation to the priority routes to which their plan relates, of powers under the Acts of 1980 and 1984;
specify the amount of the expenditure which, in the opinion of the authority, they will incur as a direct result of implementing their plan; and
deal with any other matter which they consider relevant to the proper and effective implementation of their plan.
In preparing their local plan, a London authority shall consult—
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and
any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority’s opinion, likely to be affected by any of the priority routes to which their plan relates.
A London authority shall submit their local plan to the Director for his approval.
The Director shall not approve a local plan unless he is satisfied—
that it is consistent with the Secretary of State’s traffic management guidance and with the network plan;
in the case of any provision which is inconsistent with the network plan or the Secretary of State’s traffic management guidance, that that provision is nevertheless appropriate for inclusion in the local plan;
with the costing of the authority’s proposals; and
with the local plan timetable.
Every London authority shall—
keep their local plan under review; and
consider whether it needs to be varied, particularly in the light of—
any further guidance issued by the Secretary of State under section 51 of this Act; and
any variation of the network plan made by the Director under section 53(6) of this Act.
Where any priority route, or part of a priority route, is a trunk road, the Secretary of State may give a direction to the Director requiring him to prepare a statement of the Director’s proposals with respect to the operation of that priority route or of such part of it as may be specified in the direction.
Subsection (1) above does not apply in relation to any trunk road in relation to which provision has been made by a London authority (under section 54(5) of this Act) in their local plan.
A statement prepared under subsection (1) above is referred to in this Part of this Act as a “trunk road local plan”.
The Director may from time to time vary any trunk road local plan.
In preparing any trunk road local plan or variation, the Director shall have regard to the Secretary of State’s traffic management guidance and the network plan and shall consult—
the Secretary of State;
the relevant Commissioner or, if appropriate, both Commissioners;
any London authority within whose area is situated—
any priority route to which the trunk road local plan will apply; or
any road which is not a priority route but which, in the opinion of the Director, is likely to be affected by any priority route to which the trunk road local plan will apply;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to him to be appropriate; and
London Regional Transport.
Any trunk road local plan shall—
indicate which powers under the Highways Act 1980 or the Road Traffic Regulation Act 1984 the Director proposes should be exercised in relation to the priority routes to which the plan relates and the manner in which he proposes they should be exercised;
identify any orders made under the Act of 1984 which are, in his opinion, inconsistent with the plan and indicate his proposals for their variation or revocation;
indicate—
which powers under the Act of 1980 or the Act of 1984 he proposes should be exercised in relation to those other roads within London which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which the plan relates; and
the manner in which he proposes they should be exercised;
indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;
specify—
the period which he considers will be required to implement the plan; and
a timetable for implementing the different elements of the plan;
specify a programme of maintenance of those traffic management measures, which are derived from the exercise, on or in relation to the priority routes to which the plan relates, of powers under the Acts of 1980 and 1984; and
deal with any other matter which the Director considers relevant to the proper and effective implementation of the plan.
The Director shall, in relation to each of his trunk road local plans—
keep the plan under review; and
consider whether it needs to be varied, particularly in the light of—
any further guidance issued by the Secretary of State under section 51 of this Act; and
any variation of the network plan which he makes under section 53(6) of this Act.
Where any priority route, or part of a priority route, is a trunk road with respect to which— the Secretary of State shall prepare a statement of his own proposals (“the Minister’s trunk road local plan”) with respect to the operation of that priority route or any part of it.
no provision has been made in a local plan; and
no direction has been given under section 55(1) of this Act,
A Minister’s trunk road local plan may be varied at any time by the Secretary of State.
In preparing any such plan or variation, the Secretary of State shall consult—
the Director;
any London authority within whose area is situated—
any priority route to which the plan will apply; or
any road which is not a priority route but which, in the opinion of the Secretary of State, is likely to be affected by any priority route to which the plan will apply;
the relevant Commissioner or, if appropriate, both Commissioners;(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to him to be appropriate; and
London Regional Transport.
A Minister’s trunk road local plan shall, in particular—
indicate which powers under the Highways Act 1980 or the Road Traffic Regulation Act 1984 the Secretary of State proposes should be exercised in relation to the priority routes to which the plan relates and the manner in which he proposes they should be exercised;
identify any orders made under the Act of 1984 which are, in his opinion, inconsistent with the plan and indicate his proposals for their variation or revocation;
indicate—
which powers under the Act of 1980 or the Act of 1984 he proposes should be exercised in relation to those other roads within London which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which the plan relates; and
the manner in which he proposes they should be exercised;
indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;
specify—
the period which he considers will be required to implement the plan; and
a timetable for implementing the different elements of the plan;
specify a programme of maintenance of those traffic management measures which are derived from the exercise, on or in relation to the priority routes to which the plan relates, of powers under the Acts of 1980 and 1984; and
deal with any other matter which he considers relevant to the proper and effective implementation of the plan.
Where the Secretary of State considers that the implementation of any part of the plan requires a London authority to exercise any of its powers he may, in writing, ask the authority to exercise such powers as he may specify in his request.
Where— the Secretary of State may direct them to do so.
the Secretary of State has sent such a request to a London authority; but
the authority have not, in his opinion, exercised the powers in question within a reasonable period,
Where a London authority have failed to comply with a direction under subsection (6) above within such period as the Secretary of State considers could reasonably be required by them, he may himself exercise the powers in question.
Anything done by the Secretary of State in the exercise of those powers shall be treated for all purposes as if it had been done by the authority.
Where the Secretary of State proposes to exercise any of the powers of a London authority by virtue of subsection (7) above, he may direct that authority not to exercise those or any other such powers, in such circumstances or in relation to such matters, as may be specified in the direction.
Where, having intervened under subsection (7) above, the Secretary of State is satisfied that continued intervention by him is unnecessary—
he shall notify the authority accordingly in writing; and
with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.
Any reasonable administrative expenses incurred by the Secretary of State in the exercise of his powers under subsection (7) above shall be recoverable by him from the London authority as a civil debt.
Where the Director has approved a London authority’s local plan, or has himself prepared a local plan on behalf of a London authority under section 61 of this Act, it shall be the duty of that authority to—
implement the plan as soon as is reasonably practicable; and
continue to act in a manner which is compatible with it.
Every London authority shall provide the Director with such information, in such form and manner, as he may reasonably require with respect to the implementation or otherwise of their local plan.
Where a London authority’s local plan has effect in relation to a trunk road, by virtue of section 54(5) of this Act, the duty imposed by subsection (1) above shall apply in relation to the plan so far as it has that effect only if the Director, with the consent of the Secretary of State, gives a direction to that effect.
Where the Secretary of State gives a direction to the Director requiring him to implement any trunk road local plan, or Minister’s trunk road local plan, or part of any such plan, it shall be the duty of the Director to implement the provisions of the plan or (as the case may be) of that part of the plan, so far as they have effect in relation to any trunk road, as soon as is reasonably practicable.
Any direction given under subsection (1) above may require any provision to which it applies to be implemented to such limited extent as may be specified in the direction.
In so doing, the Director shall have all the powers which the Secretary of State would have in relation to any trunk road with respect to which the plan has effect, so far as may be necessary or expedient for the purpose of implementing the provisions of the plan.
Anything done by the Director in purported exercise of those powers shall be taken to have been done by the Secretary of State.
Where the Director considers that the implementation of any part of the plan requires a London authority to exercise any of its powers he may, in writing, ask the authority to exercise such powers as he may specify in his request.
Where— the Director may direct them to do so.
the Director has sent such a request to a London authority; but
the authority have not, in his opinion, exercised the powers in question within a reasonable period,
Where a London authority have failed to comply with a direction under subsection (6) above within such period as the Director considers could reasonably be required by them, he may himself exercise the powers in question.
Anything done by the Director in the exercise of those powers shall be treated for all purposes as if it had been done by the London authority.
Where the Director proposes to exercise any of the powers of a London authority by virtue of subsection (7) above, he may direct that authority not to exercise those or any other such powers, in such circumstances or in relation to such matters, as may be specified in the direction.
Where, having intervened under subsection (7) above, the Director is satisfied that continued intervention by him is unnecessary—
he shall notify the London authority accordingly in writing; and
with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.
Any reasonable administrative expenses incurred by the Director in the exercise of his powers under subsection (7) above shall be recoverable by him from the London authority as a civil debt.
Where the Secretary of State implements any of the provisions of a trunk road local plan, he shall have in relation to those provisions the powers conferred upon the Director by subsections (5) to (11) above.
A London authority may vary their local plan, but only with the written consent of the Director.
The Director may give a direction to any London authority requiring them to vary their local plan in such manner as may be specified in the direction.
In varying their local plan, a London authority shall have regard to the Secretary of State’s traffic management guidance and to the network plan.
Before varying their local plan, a London authority shall consult—
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to the authority to be appropriate; and
any other London authority within whose area there is situated any road which is not a priority route but which is, in the authority’s opinion, likely to be affected by the proposed variation.
Where a London authority fail, within a reasonable time, to comply with any direction given under subsection (2) above, the Director may vary the local plan on their behalf.
Before varying a local plan on behalf of a London authority the Director shall consult—
that authority;
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and
any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by the proposed variation.
Any reasonable administrative expenses incurred by the Director under subsection (5) above shall be recoverable by him from the London authority concerned as a civil debt.
No London authority shall exercise any power under the Highways Act 1980 or the Road Traffic Regulation Act 1984, in a way which will affect, or be likely to affect, a priority route unless the requirements of subsection (3) below have been satisfied.
Subsection (1) above does not apply where the exercise of the power—
accords with the provisions of the authority’s approved local plan; or
is in response to a request made, or direction given, under this Act by the Director or the Secretary of State.
The requirements mentioned in subsection (1) above are that—
the authority have given notice to the Director, in such manner as he may require, of their proposal to exercise the power in the way in question; and
either—
the Director has approved their proposal; or
the period of one month beginning with the date on which he received notice of the proposal has expired without his having objected to it.
The Secretary of State may by an instrument in writing exclude any power from the application of this section to the extent specified in the instrument.
Any such instrument may, in particular, exclude a power as respects—
all or any of the London authorities;
all or any of the priority routes; or
the exercise of the power in such manner or circumstances as may be specified in the instrument.
If a London authority exercise any power in contravention of this section, the Director may take such steps as he considers appropriate to reverse or modify the effect of the exercise of that power.
Any reasonable expenses incurred by the Director in taking any steps under subsection (6) above shall be recoverable by him from the London authority concerned as a civil debt.
Where it appears to the Director that a London authority have failed— he may direct the authority to do so within such period as he may specify in the direction.
to prepare a local plan in accordance with the requirements of section 54 of this Act; or
to submit their local plan to him in accordance with those requirements,
Where the Director has given such a direction, but the London authority concerned have not complied with it within a reasonable time, he may himself prepare a local plan on their behalf.
Where the Director refuses to approve a local plan under section 54 of this Act, the London authority concerned shall prepare and submit a new local plan under that section unless the Director serves written notice on them of his intention to exercise his powers under subsection (5) below.
In preparing any local plan in compliance with subsection (3) above, the London authority shall comply with any directions given to them by the Director.
If the Director— he may himself prepare a local plan on behalf of that authority.
has refused to approve a local plan which has been prepared in accordance with the requirements of section 54 of this Act; and
has served on the London authority concerned a notice of the kind mentioned in subsection (3) above,
Where the Director prepares a local plan on behalf of a London authority under this section—
he shall consult—
that authority;
the relevant Commissioner or, if appropriate, both Commissioners;
London Regional Transport;
such organisations representing the interests of people with a disability who may be affected by the plan as appear to the Director to be appropriate; and
any other London authority within whose area there is situated any road which is not a priority route but which is, in his opinion, likely to be affected by any of the priority routes to which the plan relates; and
any reasonable administrative expenses incurred by him in preparing the plan shall be recoverable by him from the authority as a civil debt.
Where it appears to the Director that a London authority— he may direct the authority to take such steps as are required to implement it in accordance with the local plan timetable, or (as the case may be) to implement it in a satisfactory manner, in accordance with such other timetable as he may draw up and specify in the direction.
have not implemented, or are unlikely to implement, their local plan in accordance with the local plan timetable; or
have not implemented, or are unlikely to implement, it in a satisfactory manner,
Where it appears to the Director that a London authority have acted in a manner which is incompatible with their local plan, he may direct them to take such steps as he considers appropriate with a view to securing, so far as is reasonably practicable, that the effects of that action are removed.
Where a London authority have failed to comply with a direction under subsection (1) or (2) above, the Director may (with the consent of the Secretary of State) take any steps which still remain to be taken by the authority in accordance with the terms of the direction.
The Secretary of State may limit his consent to the implementation by the Director of part only of the local plan, and where he does so the Director’s powers under subsection (3) above shall be limited to implementing that part.
For the purposes of enabling him to exercise the powers given to him by subsection (3) above, the Director shall have all the powers which the London authority concerned have in connection with the implementation of their local plan.
Anything done by the Director in the exercise of those powers shall be treated for all purposes as if it had been done by the London authority.
Where the Director proposes to exercise any of the powers of a London authority by virtue of subsection (5) above, he may direct that authority not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.
Where, having intervened under subsection (3) above, the Director is satisfied that continued intervention by him is unnecessary—
he shall notify the London authority accordingly in writing; and
with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.
Any reasonable administrative expenses incurred by the Director in the exercise of his powers under this section shall be recoverable by him from the London authority as a civil debt.
The Secretary of State shall issue guidance (“the Secretary of State’s parking guidance”) to the London authorities with a view to those authorities co-ordinating their action with respect to parking in London.
It shall be the duty of the joint planning committee for London established under section 5 of the Local Government Act 1985—
to make proposals to the Secretary of State (if it thinks fit) as to the content of the Secretary of State’s parking guidance; and
to keep that guidance under review, with a view to making from time to time such further proposals as it considers appropriate.
Before issuing or varying any guidance under this section, the Secretary of State shall consult—
the two Commissioners;
London Regional Transport;
the Disabled Persons Transport Advisory Committee;
such associations of London authorities (if any) as he thinks appropriate; and
such other persons (if any) as he thinks appropriate.
In connection with the preparation of the Secretary of State’s parking guidance regard shall be had to the needs of people with a disability.
The Secretary of State’s parking guidance may, in particular, include provision with respect to appropriate levels for—
parking charges;
penalty charges;
charges made by London authorities for the removal, storage and disposal of vehicles; and
charges in respect of the release of vehicles from immobilisation devices fixed under section 69 of this Act.
The Secretary of State’s parking guidance may be varied at any time by the Secretary of State.
In section 46 of the Road Traffic Regulation Act 1984 (charges at, and regulation of, designated parking places), in subsection (1) after the word “made” there shall be inserted the words “ with respect to any parking place outside Greater London ”.
After subsection (1) of that section there shall be inserted the following subsection—
In section 47 of the Road Traffic Regulation Act 1984 (offences relating to designated parking places) the words “ ;but this subsection does not apply in relation to any designated parking place in Greater London ” shall be added at the end of subsection (1).
In section 8 of that Act (contravention of orders under section 6 to be an offence), the following subsection shall be inserted after subsection (1)—
The provisions of section 11 of that Act (contravention of experimental traffic order) shall become subsection (1) of that section and the following subsection shall be inserted as subsection (2)—
Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may—
fix a penalty charge notice to the vehicle; or
give such a notice to the person appearing to him to be in charge of the vehicle.
For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if—
the vehicle has been left—
otherwise than as authorised by or under any order relating to the designated parking place; or
beyond the period of parking which has been paid for;
no parking charge payable with respect to the vehicle has been paid; or
there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.
A penalty charge notice must state—
the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
the amount of the penalty charge which is payable;
that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;
the address to which payment of the penalty charge must be sent.
In subsection (3)(d) above “specified proportion” means such proportion, applicable to all cases, as may be determined by the London authorities acting through the Joint Committee.
A penalty charge notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—
the owner, or person in charge, of the vehicle; or
the London authority for the place in which the vehicle in question was found.
A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Schedule 6 to this Act shall have effect with respect to penalty charges, notices to owners and other matters supplementing the provisions of this section.
Section 101 of the Road Traffic Regulation Act 1984 shall be amended as follows.
In subsection (1) for “(5)” there shall be substituted “ (5A) ”.
In subsection (4) after the words “before a vehicle” there shall be inserted the words “ found outside Greater London ”.
After that subsection there shall be inserted—
In subsection (5) after the words “which a vehicle” there shall be inserted the words “ found outside Greater London ”.
After that subsection there shall be inserted—
In subsection (6) for the words “and (5)” there shall be substituted the words “ to (5A) ”.
Section 102 of the Road Traffic Regulation Act 1984 shall be amended as follows.
In subsection (2)—
in paragraphs (b) and (c) after the words “local authority” there shall be inserted the words “ other than a London authority ”; and
and
In subsection (8)—
in the definition of “appropriate authority”, for paragraph (b) there shall be substituted—;
in that definition, the words following paragraph (b) shall be omitted; and
“London authority” means any council of a London borough or the Common Council of the City of London.
The following subsection shall be added at the end—
Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that the vehicle has been permitted to remain at rest there in any of the circumstances specified in section 66(2) (a), (b) or (c) of this Act, he or another person acting under his direction may fix an immobilisation device to the vehicle.
On any occasion when an immobilisation device is fixed to a vehicle in accordance with this section, the person fixing the device shall also fix to the vehicle a notice—
indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
specifying the steps to be taken in order to secure its release; and
giving such other information as may be prescribed.
A vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of a person authorised by the relevant authority to give such a direction.
Subject to subsection (3) above, a vehicle to which an immobilisation device has been fixed in accordance with this section shall be released from that device on payment in any manner specified in the notice fixed to the vehicle under subsection (2) above of—
the penalty charge payable in respect of the parking; and
such charge in respect of the release as may be required by the relevant authority.
A notice fixed to a vehicle in accordance with this section shall not be removed or interfered with except by or under the authority of—
the owner, or person in charge, of the vehicle; or
the relevant authority.
A person contravening subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section “relevant authority” means the London authority for the place in which the vehicle in question was found.
Section 69(1) of this Act shall not apply in relation to a vehicle if—
a current disabled person’s badge is displayed on the vehicle;
a current recognised badge (within the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970) is displayed on the vehicle;
not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or
not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.
In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(a) above and the vehicle was not, at the time at which it was parked, being used— the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available),
In any case in which section 69(1) of this Act would apply to a vehicle but for subsection (1)(aa) above and the vehicle was not, at the time at which it was parked, being used— the person in charge of the vehicle at that time shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
In this section “disabled person’s badge” has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984, and “parking meter” has the same meaning as in section 46(2)(a) of that Act.
The owner or person in charge of a vehicle who— shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.
removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);
receives any sum in respect of the vehicle under subsection (5A) of that section;
is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or
secures its release from an immobilisation device in accordance with section 69(4) of this Act,
The relevant authority shall give that information, or shall cause it to be given, in writing.
Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.
The grounds are—
that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;
that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;
that the place in which the vehicle was at rest was not a designated parking place;
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.
It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—
to consider them and any supporting evidence which the person making them provides; and
to serve on that person notice of their decision as to whether they accept that the ground in question has been established.
Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums— except to the extent (if any) to which those sums were properly paid or deducted.
paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;
deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or
paid under section 69(4) of this Act when the vehicle was released,
Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—
inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;
indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and
describe in general terms the form and manner in which such an appeal is required to be made.
Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and
subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.
A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.
Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Any notice required to be served under this section may be served by post.
Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.
In this section and in section 72 of this Act “relevant authority” has the same meaning as in section 69(8) of this Act.
Where an authority serve notice under subsection (6)(b) of section 71 of this Act that they do not accept that a ground on which representations were made under that section has been established, the person making those representations may, before— appeal to a parking adjudicator against the authority’s decision.
the end of the period of 28 days beginning with the date of service of that notice; or
such longer period as a parking adjudicator may allow,
On an appeal under this section, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in section 71(4) of this Act and, if he concludes— he shall direct that authority to make the necessary refund.
that any of the representations are justified; and
that the relevant authority would have been under the duty imposed by section 71(7) of this Act to refund any sum if they had served notice that they accepted that the ground in question had been established,
It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.
The London local authorities and Transport for London (in this section referred to as “the appointing authorities”) shall establish a single joint committee under section 101(5) of the Local Government Act 1972 (“the Joint Committee”) before 4th September 2000 or such later date as the Secretary of State may by order specify.
For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority.
The functions conferred on the appointing authorities by this section . . . shall be discharged by the Joint Committee.
The appointing authorities shall—
with the consent of the Lord Chancellor, appoint persons to act as parking adjudicators for the purposes of this Part of this Act;
provide accommodation and administrative staff for the parking adjudicators; and
determine the places at which parking adjudicators are to sit.
To be qualified for appointment as a parking adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.
Each parking adjudicator shall be appointed for such term, not exceeding five years, as the appointing authorities may specify in relation to his appointment.
On the expiry of his term of appointment, a parking adjudicator shall be eligible for re-appointment.
A parking adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions but shall otherwise hold and vacate office in accordance with the terms of his appointment.
The expenses of the Joint Committee incurred in the discharge of functions conferred on the appointing authorities by this Act shall be defrayed by the appointing authorities in such proportions as they may decide or, in default of a decision by them, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of the Joint Committee.
The costs of any reference to arbitration under subsection (8) above shall be borne by the appointing authorities in equal shares.
Where the Secretary of State is satisfied that there has been, or is likely to be, a failure on the part of the appointing authorities to agree on the proportions in which the expenses of the Joint Committee are to be defrayed by them under subsection (8) above he may give the Joint Committee such directions as he considers appropriate in order to require it to refer the matter to arbitration under that subsection.
The Secretary of State shall by regulations make provision as to the procedure to be followed in relation to proceedings before parking adjudicators.
The regulations may, in particular, include provision—
as to the manner in which appeals to parking adjudicators are to be made or withdrawn;
authorising an appeal to a parking adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;
prescribing the procedure to be followed before the hearing of an appeal by a parking adjudicator;
requiring any such hearing to be held in public except in prescribed circumstances;
as to the persons entitled to appear and be heard on behalf of the parties;
requiring persons to attend to give evidence and to produce documents;
as to evidence at the hearing;
as to the adjournment of hearings;
for the award of costs in prescribed circumstances;
for the settlement of costs, by taxation (and in particular by taxation in a county court) or by some other prescribed method;
authorising decisions of parking adjudicators to be reserved;
authorising or requiring parking adjudicators—
to revise or set aside decisions;
to revoke or vary orders made by them;
requiring decisions of, and orders made by, parking adjudicators, to be recorded;
as to the proof of decisions of, and orders made by, parking adjudicators;
authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;
requiring service of—
notice of decisions of parking adjudicators;
copies of any orders made by such adjudicators; or
notice of any corrections made by parking adjudicators in their decisions or orders.
Subject to any provision made by the regulations, a parking adjudicator may regulate his own procedure.
If any person who is required to attend a hearing held by a parking adjudicator, or to produce any document to a parking adjudicator in accordance with any regulations under subsection (11) above, fails without reasonable excuse to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Any amount which is payable under an adjudication of a parking adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.
Subsection (15) above does not apply to a penalty charge which remains payable following an adjudication under paragraph 5 of Schedule 6 to this Act.
In accordance with such requirements as may be imposed by the Joint Committee, each parking adjudicator shall make an annual report to the Joint Committee on the discharge of his functions.
The Joint Committee shall make and publish an annual report in writing to the Secretary of State on the discharge by the parking adjudicators of their functions.
It shall be the duty— to set the levels of additional parking charges to apply in London.
of Transport for London, so far as relating to trunk roads or GLA roads, and
of the London local authorities, so far as relating to other roads,
Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.
Different levels may be set for different areas in London and for different cases or classes of case.
Transport for London and the London local authorities shall submit to the Mayor of London, for his approval, the levels of additional parking charges which they propose to set under subsection (1) above.
If— the levels of additional parking charges for the roads referred to in paragraph (a) or (as the case may be) paragraph (b) of subsection (1) above shall be set by order made by the Mayor of London.
Transport for London or, as the case may be, the London local authorities fail to discharge their duty under subsection (1) above; or
the Mayor of London does not approve the levels of additional parking charges proposed by the London local authorities,
Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.
It shall be the duty of Transport for London and the London local authorities to impose additional parking charges at the levels set in accordance with the provisions of this section.
Transport for London and the London local authorities shall publish, in such manner as the Mayor of London may determine, the levels of additional parking charges which have been set in accordance with the provisions of this section.
The functions conferred on London local authorities by this section or section 74A below shall be discharged by the Joint Committee.
No person who represents Transport for London on the Joint Committee shall take any part in any proceedings of the Joint Committee so far as relating to the discharge by the Joint Committee of any functions under this section or section 74A below.
Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to— and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.
Transport for London,
the London local authorities, and
the Mayor of London,
In this section “additional parking charges” means—
penalty charges;
charges made by London authorities for the removal, storage and disposal of vehicles; and
charges in respect of the release of vehicles from immobilisation devices fixed under section 69 above.
Where the Mayor of London— he shall notify the Secretary of State of the levels of charges so approved or set.
on a submission under subsection (4) of section 74 above, approves any levels of additional parking charges, or
sets any such levels under subsection (5) of that section,
Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of—
the period of one month beginning with the day on which the notification is given, or
such shorter period as the Secretary of State may allow.
If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.
If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.
Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
Subsections (7) and (8) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section—
by Transport for London, so far as relating to GLA roads or trunk roads, or
by the London local authorities, so far as relating to other roads.
Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations— must not make any further submission to the Mayor of London under section 74(4) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.
Transport for London, if the regulations relate to GLA roads or trunk roads, or
the London local authorities, if the regulations relate to other roads,
In the Road Traffic Regulation Act 1984, the following section shall be inserted after section 106—
Where a London authority apply to the Secretary of State for an order to be made under this section, the Secretary of State may make an order designating the whole, or any part, of that authority’s area as a special parking area.
An application for an order under subsection (1) above may only be made—
by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or
by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.
Before making an order under this section, the Secretary of State shall consult the relevant Commissioner or, if appropriate, both Commissioners.
While an order under this section is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order—
section 8 of the Road Traffic Regulation Act 1984 (contravention of, or failure to comply with, an order under section 6 of that Act to be an offence), so far as it relates to the contravention of, or failure to comply with, any provision of such an order—
prohibiting or restricting the waiting of vehicles on any road; or
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
section 11 of the Act of 1984 (contravention of, or failure to comply with, an experimental traffic order under section 9 of that Act to be an offence), so far as it relates to any contravention of, or failure to comply with, any provision of such an experimental traffic order—
prohibiting or restricting the waiting of vehicles on any road; or
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act (conditions for loading or unloading, or delivery or collecting);
section 16(1) of the Act of 1984 so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act—
prohibiting or restricting the waiting of vehicles on any road; or
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;
section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;
section 15 of the Greater London Council (General Powers) Act 1974 (parking of vehicles on verges, central reservations and footpaths etc. to be an offence);
section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.
section 19 of the Road Traffic Act 1988 (parking of heavy vehicles on verges, central reservations and footpaths etc. to be an offence);
section 21 of the Act of 1988 (prohibition of driving or parking on cycle tracks), so far as it makes it an offence to park a motor vehicle wholly or partly on a cycle track;
section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in London demarcated by that sign as a stopping area for a bus.
The Secretary of State may by order amend subsection (3) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles).
Before making an order under subsection (4) above, the Secretary of State shall consult—
the two Commissioners; and
such associations of London authorities (if any) as he thinks appropriate.
This section applies in relation to any vehicle which is stationary in a special parking area (but which is not in a designated parking place) in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) above.
A penalty charge shall be payable with respect to the vehicle by the owner of the vehicle.
Section 66 of, and Schedule 6 to, this Act shall apply in relation to penalty charges payable by virtue of subsection (2) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
Where a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle by virtue of subsection (2) above, he or another person acting under his direction may fix an immobilisation device to the vehicle.
Subsections (2) to (8) of section 69 of this Act shall apply in relation to a device fixed to a vehicle under subsection (4) above, but subject to such modifications (if any) as the Secretary of State considers it appropriate to make in the order designating the special parking area in question.
An order under section 76 designating a special parking area may make such modifications of any provision of, or amended by, this Part of this Act as the Secretary of State considers appropriate in consequence of the provisions of section 76 or this section or of the order.
At any time when an order under section 76 above designating the whole or any part of a London authority’s area as a special parking area is in force, the Mayor of London may by order under this subsection amend the order so as to vary the area which for the time being constitutes the special parking area.
No order may be made under subsection (1) above without the consent of every London local authority which is the traffic authority for a road which the order has the effect of bringing within, or removing from, the special parking area concerned.
An order under subsection (1) above must not be such as to bring within a special parking area—
any area specified in an order under this paragraph made by the Secretary of State; or
the whole or any part of a Royal Park, except with the consent of the Secretary of State.
No area may be specified in an order under subsection (3)(a) above unless the Secretary of State is satisfied that it is expedient, on grounds of national security, that no part of that area should be included in a special parking area.
In this section “Royal Park” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
In this section—
“trunk road” has the same meaning as in section 10 of the Highways Act 1980;
“the Secretary of State’s traffic management guidance” has the meaning given in section 51(1) of this Act;
“trunk road local plan” has the meaning given in section 55(3) of this Act;
“trunk road” has the same meaning as in section 10 of the Highways Act 1980;
“local plan timetable” has the meaning given in section 54(7)(e) of this Act;
The Lord Chancellor may by order make provision—
for warrants of execution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;
as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of— any other step of a kind specified by the order.
a Part II debt; or
such class or classes of Part II debts as may be so specified,
“a Part II debt” means any sum which is—
“vehicle hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 (hired vehicles).
“local plan” has the meaning given in section 54(1) of this Act;
Any such order may make such incidental and supplemental provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.
The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.
The regulations may, in particular, make provision—
as to the security (if any) to be required from certificated bailiffs;
as to the fees and expenses payable with respect to executions by certificated bailiffs; and
for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.
For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—
by a judge assigned to a county court district; or
in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.
Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.
Nothing in Part II of this Act applies in relation to any vehicle which—
at the relevant time is used or appropriated for use for naval, military or airforce purposes;
belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952); or
at the relevant time is used or appropriated for use, by any such forces.
Sections 66 and 69 to 71 of this Act apply to—
vehicles in the public service of the Crown which are required to be registered under the Vehicles Excise and Registration Act 1994 (other than those which are exempted by subsection (1)(a) above); and
persons in the public service of the Crown.
With a view to reimbursing (in whole or in part) reasonable costs incurred by any London authority under sections 54 to 59, 61 and 62 of this Act, the Director may make such payments to the authority as he considers appropriate.
The Secretary of State may, with the consent of the Treasury, make such grants to the Director as he considers appropriate to enable the Director to discharge his functions.
The minor and consequential amendments set out in Schedule 7 to this Act shall have effect.
In this Part of this Act—
“the Joint Committee” has the meaning given by section 73(1) of this Act;
“vehicle hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988 (hired vehicles).
“trunk road local plan” has the meaning given in section 55(3) of this Act;
“Commissioner” means the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London;
For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept.
“the Secretary of State’s traffic management guidance” has the meaning given in section 51(1) of this Act;
In determining, for the purposes of this Part of this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 1994.
Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) shall apply in relation to this Part of this Act as it applies to that Act.
In determining, for the purposes of any provision of this Part of this Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the London authority concerned.
Any power to make an order or regulations conferred by this Part on a Minister of the Crown shall be exercisable by statutory instrument.
Any statutory instrument made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.
In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.
The enactments mentioned in Schedule 8 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.
The preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different purposes and in respect of different areas.
An order under subsection (1) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient.
Any expenditure incurred by the Secretary of State under or by virtue of this Act shall be payable out of money provided by Parliament.
Except in so far as it amends any enactment extending there, this Act does not extend to Northern Ireland.
This Act may be cited as the Road Traffic Act 1991.
Section 22.
Schedule 1 to the Road Traffic Offenders Act 1988 (procedural requirements applicable in relation to certain offences) shall be amended as follows.
After paragraph 1 there shall be inserted—
In paragraph 2, at the beginning of sub-paragraph (c) there shall be inserted the word “ to ”.
The Table in that Schedule shall be amended as follows.
In the entries relating to sections 1 and 2 of the Road Traffic Act 1988 (reckless driving offences) in column 2, for the word “reckless” there shall be substituted the word “ dangerous ”.
RTA section 3A Causing death by careless driving when under influence of drink or drugs. Section 11 of this Act.
In the entry relating to section 4 of that Act (driving a motor vehicle when unfit through drink or drugs etc) in column 2, for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
In the entry relating to section 28 of that Act (reckless cycling) in column 2, for the word “reckless” there shall be substituted the word “ dangerous ”.
RTA section 40A Using vehicle in dangerous condition etc. Sections 11 and 12(1) of this Act. RTA section 41A Breach of requirement as to brakes, steering-gear or tyres. Sections 11 and 12(1) of this Act. RTA section 41B Breach of requirement as to weight: goods and passenger vehicles. Sections 11 and 12(1) of this Act.
In the entry relating to section 42 of that Act, for the words in column 2 there shall be substituted the words “ Breach of other construction and use requirements ”.
In the entry relating to section 71 of that Act (driving goods vehicle in contravention of prohibition etc) in column 2, the word “goods” in each place where it occurs shall be omitted.
In the entries relating to sections 87(1) and 87(2) of that Act (driving without a licence etc) in column 2, for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
RTA section 92(10) Driving after making false declaration as to physical fitness. Sections 6, 11 and 12(1) of this Act.
In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) in column 1, for the words “Section 94” there shall be substituted the words “ Section 94(3) ”.
RTA section 94(3A) Driving after such a failure. Sections 6, 11 and 12(1) of this Act. RTA section 94A Driving after refusal of licence under section 92(3) or revocation under section 93. Sections 6, 11 and 12(1) of this Act.
In the entry relating to section 164(6) of that Act (failing to produce driving licence to constable etc) in column 2 for the words “to constable” there shall be substituted the word “ etc ”.
In the entry relating to section 174(1) or (6) of that Act (false statements etc), in column 1, for “(6)” there shall be substituted “ (5) ”.
Section 26.
Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) shall be amended as follows.
Discretionary if committed in respect of a speed restriction. Obligatory if committed in respect of a speed restriction. 3-6 or 3 (fixed penalty)
In the entry relating to section 17(4) of that Act (use of special road contrary to scheme or regulations), in column 7, for “3” there shall be substituted “ 3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case. ”
In the entry relating to section 89(1) of that Act (exceeding speed limit) in column 7, for “3” there shall be substituted “ 3-6 or 3 (fixed penalty) ”.
In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by reckless driving)—
in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”, and
in column 7 for “4” there shall be substituted “ 3-11 ”.
In the entry relating to section 2 of that Act (reckless driving)—
in column 2, for the word “Reckless” there shall be substituted the word “ Dangerous ”;
for the words in column 5 there shall be substituted the word “ Obligatory ”; and
for the words in column 7 there shall be substituted “ 3-11 ”.
RTA section 3A Causing death by careless driving when under influence of drink or drugs. On indictment. 5 years or a fine or both. Obligatory. Obligatory. 3-11
In the entry relating to section 4(1) of that Act (driving or attempting to drive when unfit through drink or drugs) in column 7 for “4” there shall be substituted “ 3-11 ”.
In the entry relating to section 4(2) of that Act (being in charge of a motor vehicle when unfit to drive) in column 2, for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
In the entry relating to section 5(1)(a) of that Act (driving or attempting to drive with excess alcohol in breath, blood or urine) in column 7 for “4” there shall be substituted “ 3-11 ”.
In the entry relating to section 7 of that Act (failing to provide specimen for analysis or laboratory test) in column 7 for the words “4 in case” there shall be substituted the words “ 3-11 in case ”.
In the entry relating to section 12 of that Act (motor racing and speed trials on public ways) in column 7 for “4” there shall be substituted “ 3-11 ”.
RTA section 22A. Causing danger to road-users. (a) Summarily. (a) 6 months or the statutory maximum or both. On indictment. (b) 7 years or a fine or both.
In the entry relating to section 23 of that Act (carrying passenger on motor-cycle contrary to that section), in column 7, for “1” there shall be substituted “ 3 ”.
In the entry relating to section 28 of that Act (dangerous cycling)—
in column 2 for the word “reckless” there shall be substituted the word “ dangerous ”; and
in column 4, for the words “Level 3” there shall be substituted the words “ Level 4 ”.
In the entry relating to section 29 of that Act (careless and inconsiderate cycling), in column 4, for the words “Level 1” there shall be substituted the words “ Level 3 ”.
RTA Section 40A Using vehicle in dangerous condition etc. Summarily. (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. Discretionary. Obligatory. 3 (b) Level 4 on the standard scale in any other case. RTA section 41A Breach of requirement as to brakes, steering-gear or tyres. Summarily. (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. Discretionary. Obligatory. 3 (b) Level 4 on the standard scale in any other case. RTA section 41B Breach of requirement as to weight: goods and passenger vehicles. Summarily. Level 5 on the standard scale. RTA section 42 Breach of other construction and use requirements. Summarily. (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. (b) Level 3 on the standard scale in any other case.
In the entries relating to section 68 and 71 of that Act, in column 2, the word “goods” in each place where it occurs shall be omitted.
RTA section 87(1) Driving otherwise than in accordance with a licence. Summarily. Level 3 on the standard scale. Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him. Obligatory in the case mentioned in column 5. 3-6
In the entry relating to section 87(2) of that Act (causing or permitting to drive without a licence), in column 2 for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
RTA section 92(10) Driving after making false declaration as to physical fitness. Summarily. Level 4 on the standard scale. Discretionary. Obligatory. 3-6
In the entry relating to section 94 of that Act (failure to notify Secretary of State about disability etc) for the words “Section 94” there shall be substituted the words “ Section 94(3) ”.
RTA section 94(3A) Driving after such a failure. Summarily. Level 3 on the standard scale. Discretionary. Obligatory. 3-6 RTA section 94A Driving after refusal of licence under section 92(3) or revocation under section 93. Summarily. 6 months or level 5 on the standard scale or both. Discretionary. Obligatory. 3-6
In the entry relating to section 96 of that Act (driving with uncorrected defective eyesight or refusing to submit to test of eyesight) in column 7 for “2” there shall be substituted “ 3 ”.
In the entry relating to section 103(1)(b) of that Act (obtaining licence, or driving, while disqualified) for the words in column 7 there shall be substituted “ 6 ”.
In the entry relating to section 143 of that Act (using vehicle while uninsured or unsecured against third-party risks) in column 4 for the words “Level 4” there shall be substituted the words “ Level 5 ”.
In the entry relating to section 164 of that Act (failing to produce driving licence to constable etc) in column 2 for the words “to constable” there shall be substituted the word “ etc ”.
In the entry relating to section 165 of that Act (failing to give constable certain information or to produce documents) the word “constable” shall be omitted.
In the entry relating to section 170(4) of that Act (failing to stop after accident or give particulars or report accident)—
for the words in column 4 there shall be substituted “ Six months or level 5 on the standard scale or both ”; and
in column 7 for “8-10” there shall be substituted “ 5-10 ”.
Discretionary, if committed otherwise than by virtue of subsection (5) or (11). Obligatory, if committed otherwise than by virtue of subsection (5) or (11). 3
In the entry relating to section 178 of that Act (taking etc in Scotland a motor vehicle without authority), the entries in columns 6 and 7 shall be omitted.
Part II of Schedule 2 to the Road Traffic Offenders Act 1988 (disqualification and endorsement in relation to manslaughter, certain offences of theft etc) shall be amended as follows. In the entry relating to manslaughter or culpable homicide, in column 4 for “4” there shall be substituted “ 3-11 ”. The entries in columns 3 and 4 relating to stealing or attempting to steal a motor vehicle or to section 12 or 25 of the Theft Act 1968 shall be omitted.
Section 43.
Where an application for an order under this sub-paragraph is made to the Secretary of State— he may make an order designating the whole, or any part, of the area to which the application relates as a permitted parking area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police. The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles). Before making an order under sub-paragraph (5) above, the Secretary of State shall consult— as he considers appropriate.
Where an application for an order under this sub-paragraph is made to the Secretary of State— he may make an order designating the whole, or any part, of the area to which the application relates as a special parking area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before making an order under sub-paragraph (1) above, the Secretary of State shall consult the appropriate chief officer of police. While an order under sub-paragraph (1) above is in force, the following provisions shall cease to apply in relation to the special parking area designated by the order— The Secretary of State may by order amend sub-paragraph (4) above by adding further provisions (but only in so far as they apply in relation to stationary vehicles). Before making an order under sub-paragraph (5) above, the Secretary of State shall consult— as he considers appropriate.
This paragraph applies in relation to any vehicle which is stationary in a permitted parking area, or special parking area, in circumstances in which an offence would have been committed with respect to the vehicle but for paragraph 1 or (as the case may be) paragraph 2 above. A penalty charge shall be payable with respect to the vehicle, by the owner of the vehicle. An order under paragraph 1 or 2 above designating a permitted parking area, or special parking area, may—
Any power to make an order conferred by this Schedule shall be exercisable by statutory instrument. Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 48.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
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)—
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
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 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
“vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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”.
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), ”.
In section 2(3B) of that Act (provisions supplementary to section 1) for “72(9)” there shall be substituted “ 72A ”.
In section 7(1) of that Act (interpretation)—
in the definition of “examiner”, for the words following “means” there shall be substituted the words “ an examiner appointed under section 66A of the 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
in the definition of “official testing station” for “72(8)” there shall be substituted “ 72A ”.
Section 40A of the Road Traffic Act 1988. To create offence of using motor vehicle or trailer in dangerous condition etc.
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 ”.
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 ”.
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) ”.
“statutory speed limit” means a speed limit having effect by virtue of an enactment other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits).
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 ”.
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 ”.
Section 51 of that Act (appeals to Secretary of State) shall be amended as follows. In subsection (1) for the words “a certifying officer” there shall be substituted the words “ an examiner ”. In subsection (4) for the words “the certifying officer” in each place where they occur there shall be substituted the words “ the examiner ”.
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)—
in the entry relating to section 1 of the Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “ dangerous ”, and
after that entry there shall be inserted— “ Section 3A (causing death by careless driving when under the influence of drink or drugs). ”
Section 9 of the Transport Act 1982 (private sector vehicle testing: the testing and surveillance functions) shall be amended as follows. Under the cross-heading “Functions under the 1988 Act”— Under the cross-heading “Functions under the 1981 Act”, the paragraph beginning “Any functions under section 9” shall be omitted.
Section 10 of that Act (private sector vehicle testing: supplementary) shall be amended as follows. For subsection (3) there shall be substituted— In subsection (6) for “68(3)” there shall be substituted “ 68(1) ”, and for “(4)” there shall be substituted “ (3) ”. In subsection (9), in subsection (2A) to be inserted in section 20 of the 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 ”. In subsection (10) for the words from “certifying officer” to “goods vehicle examiner” there shall be substituted the words “ vehicle examiner ”.
For section 20 of that Act (substitution of new section for section 72 of the 1988 Act) there shall be substituted—
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. ”
For section 21(4) of that Act (amendments with respect to appeals) there shall be substituted—
Section 24 of that Act (falsification of documents) shall be amended as follows. In subsection (2) for paragraph (a) there shall be substituted— In subsection (4), in section 66A(2) to be inserted in the 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 Road Traffic Act 1988 ”.
In section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) in subsection (1)(b), as substituted by the 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) ”.
In section 17(2) of that Act (traffic regulation on special roads) at the end there shall be added—
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) ”.
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—
In section 51 of that Act (parking devices), in subsection (5) the words “being not less than 2 years” shall be omitted.
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—
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.
Section 96 of that Act (additional powers of traffic wardens) shall be amended as follows. In subsection (2) at the end of paragraph (b) there shall be inserted—. At the end of that section there shall be added—
At the end of section 99 of that Act (removal of vehicles illegally parked) there shall be inserted—
In section 103 of that Act (supplementary provision as to removal of vehicles), for subsection (3) there shall be substituted—
Section 104 of that Act (immobilisation of vehicles illegally parked) shall be amended as follows. 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 ”. In subsection (12) there shall be added at the end “ or classes of case or in respect of different areas ”.
At the end of section 104 of that Act (immobilisation of vehicles illegally parked) there shall be inserted—
Section 105 of that Act (exemptions from section 104) shall be amended as follows. In subsection (6)(a), for the words from “either” to “use) of” there shall be substituted the words “ in accordance with regulations under ”. In subsection (6)(b), for “117(2)(b)” there shall be substituted “ 117(1)(b) ”.
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—.
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) ”. 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 Road Traffic Regulation Act 1984 (temporary and variable speed limits) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the entry relating to section 1 of the Road Traffic Act 1988, for the word “reckless” there shall be substituted the word “dangerous”, and
Section 3A (causing death by careless driving when under the influence of drink or drugs).
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 Road Traffic Act 1988 (dangerous driving or careless driving when under the influence of drink or drugs) ”.
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) ”.
In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis)—
in subsection (1) for the words “section 4” there shall be substituted the words “ section 3A, 4 ”, and
in subsection (3)(c) for the words “section 4” there shall be substituted the words “ section 3A or 4 ”.
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 ”.
In section 11(1) of that Act (interpretation), for “4” there shall be substituted “ 3A ”.
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 ”.
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 ”.
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 ”.
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 ”.
In section 31 of that Act (regulation of cycle racing on public ways) for subsection (6) there shall be substituted—
Section 41 of that Act (regulation of construction, weight, equipment and use of vehicles) shall be amended as follows. 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, ”. In subsection (2) after paragraph (j) there shall be inserted—. After subsection (4) there shall be inserted—
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 ”.
Section 45 of that Act (tests of satisfactory condition of vehicles) shall be amended as follows. In subsection (1), for the words “prescribed statutory requirements” onwards there shall be substituted the wordsfollowing requirements are complied with, namely— In subsection (3), for paragraph (b) there shall be substituted—.
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 ”.
Section 49 of that Act (tests of satisfactory condition of goods vehicles and determination of plated weights etc) shall be amended as follows. or for any of those purposes. 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 ”. 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, ”.
Section 50 of that Act (appeals against determinations) shall be amended as follows. In subsection (1) for the words “an area” onwards there shall be substituted the words “ the Secretary of State ”. Subsections (2) and (3) shall be omitted.
Section 73 of that Act (provisions supplementary to sections 69 to 72) shall be amended as follows. For subsection (1) there shall be substituted— Subsection (2) shall be omitted. In subsection (4) at the end there shall be added the words “ ; and “PSV operator’s licence” has the same meaning as in the Public Passenger Vehicles Act 1981 ”.
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 wordsthe following requirements are complied with, namely— and for the words “are complied with” there shall be substituted the words and .
Section 76 of that Act (fitting and supply of defective or unsuitable vehicle parts) shall be amended as follows. In subsection (1), after the words “to the vehicle” there shall be inserted the words “ involve a danger of injury to any person or ”. 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. ” 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 ”.
Section 79 of that Act (provisions relating to weighing of motor vehicles) shall be amended as follows. In subsection (2)— In subsection (3)—
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 ”.
In section 85 of that Act (interpretation of Part II)—
in the definition of “official testing station” for “72(8)” there shall be substituted “ 72A ”, and
“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981,
Public service vehicle Section 85 and after the entry for “Type approval requirements” there shall be inserted— Vehicle examiner Section 66A
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 Road Traffic Offenders Act 1988 (disqualification), ”.
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 ”.
Section 117 of that Act (disqualification on revocation of large goods vehicle or passenger-carrying vehicle driver’s licences) shall be amended as follows. In subsection (1), for the words “for the purposes of that paragraph” there shall be substituted the words “ in pursuance of section 115(3) ”. After subsection (2) there shall be inserted—
In section 152 of that Act (duties of insurers etc: exceptions) at the end of subsection (2) there shall be added the words “ and, for the purposes of this section, “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions. ”
In section 163(1) of that Act (power of police to stop vehicles) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
Section 164 of that Act (power of constable to require production of driving licence etc) shall be amended as follows. In subsection (1), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”. In subsection (2), for the words “Such a person” there shall be substituted the words “ A person required by a constable under subsection (1) above to produce his licence ”. In subsection (3), after the word “constable” there shall be inserted the words “ or vehicle examiner ”. In subsection (5) for the words “section 27 of the Road Traffic Offenders Act 1988” there shall be substituted the words “ section 26 or 27 of the Road Traffic Offenders Act 1988 or section 44 of the Powers of Criminal Courts Act 1973 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975. ” In subsection (6) for the words “and (8)” there shall be substituted the words “ to (8A) ”. After subsection (8) there shall be inserted— At the end of subsection (11) there shall be added the words “ and “vehicle examiner” means an examiner appointed under section 66A of this Act. ”
Section 165 of that Act (powers of constables to obtain names and addresses of drivers etc) shall be amended as follows. In subsection (1), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”. In subsection (5), after the word “constable” wherever it occurs there shall be inserted the words “ or vehicle examiner ”. At the end of subsection (7) there shall be added the words “ and “vehicle examiner” means an examiner appointed under section 66A of this Act. ”
In section 166 of that Act (powers of certain officers as respects goods vehicles etc) for the words from the beginning to the end of paragraph (d) there shall be substituted the words “ A person authorised for the purpose by a traffic commissioner appointed under the Public Passenger Vehicles Act 1981, ”.
In section 168 of that Act (offence of failing to give name and address in relation to certain offences) in paragraph (a) for the words “motor vehicle” there shall be substituted the words “ mechanically propelled vehicle ”.
Section 170 of that Act (duty of driver to stop, report accident and give information or documents) shall be amended as follows. In subsections (1) to (3) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”. In subsection (5) for the words “the vehicle” there shall be substituted the words “ a motor vehicle ”. In subsection (7) for the word “five” there shall be substituted the word “ seven ”.
Subsection (2) of section 173 of that Act (offences of forgery etc) shall be amended as follows. After paragraph (c) there shall be inserted—. In paragraph (d) for the words from the beginning to “Part II of this Act)” there shall be substituted the words “ any plate containing particulars required to be marked on a vehicle by regulations under section 41 of this Act ”. After paragraph (d) there shall be inserted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
Section 176 of that Act (power to seize documents etc) shall be amended as follows. In subsection (4), for the words from “a certifying” to “68(1)” there shall be substituted the words “ an examiner appointed under section 66A ”. In subsection (5)(a), for the words “for the purposes of sections 68 to 72” there shall be substituted the words “ under section 66A ”.
In section 177 of that Act (impersonation of, or of person employed by, authorised examiner) after the words “a person authorised” there shall be inserted the words “ in accordance with regulations made under section 41 of this Act with respect to the checking and sealing of speed limiters or a person authorised ”.
In section 181 of that Act (provisions as to accident inquiries) 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 ”.
In section 183(3) of that Act (Crown application), for the words from “68” to “1981” there shall be substituted the words “ 66A of this Act ”.
Section 192 of that Act (interpretation) shall be amended as follows. In subsection (1), in the definition of “road”— In subsection (1), in the definition of “trolley vehicle” for the words “and moved by” there shall be substituted the word “ under ”, and at the end there shall be added the words “ (whether or not there is in addition a source of power on board the vehicle) ”. In subsection (2) the word “road” shall be omitted.
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in paragraph 1, for “127” there shall be substituted “34”,
in paragraph 2, for the words “Sections 2, 3, 4(1) and 181 of this Act do not apply” there shall be substituted the words “Section 181 of this Act does not apply”,
in paragraph 3, for “41”, there shall be substituted “40A to”, and
after paragraph 3 there shall be inserted—
In section 1 of the Road Traffic Offenders Act 1988 (requirement of warning etc of prosecution of certain offences), in subsection (1) for the words “where a person” to “convicted unless” there shall be substituted the words “ a person shall not be convicted of an offence to which this section applies unless ”.
For subsections (4) to (6) of section 2 of that Act (requirement of warning of prosecution: supplementary) there shall be substituted—
In section 5 of that Act (exemption from Licensing Act offence) for the words “section 4” there shall be substituted the words “ section 3A, 4 ”.
In section 7 of that Act (duty of accused to provide licence) for the words “obligatory endorsement” there shall be substituted the words “ obligatory or discretionary disqualification ”.
In section 11(1) of that Act (evidence by certificate as to driver, user or owner) for the words “motor vehicle” in each place where they occur there shall be substituted the words “ mechanically propelled vehicle ”.
In section 12 of that Act (proof of identity of driver) after subsection (3) there shall be added—
In section 14 of that Act (use of records kept by operators of goods vehicles) after the word “proceedings” there shall be inserted the words “ for an offence under section 40A of the Road Traffic Act 1988 or ”.
Section 15 of that Act (use of specimens in proceedings for offences under sections 4 and 5 of the Road Traffic Act 1988) shall be amended as follows. In subsection (1) for the words “section 4 or 5 of the Road Traffic Act 1988 (motor vehicles: drink and drugs)” there shall be substituted the words “ section 3A, 4 or 5 of the Road Traffic Act 1988 (driving offences connected with drink or drugs) ”, and for the words “sections 4 to 10” there shall be substituted the words “ sections 3A to 10 ”. In subsection (2) after the word “cases” there shall be inserted the words “ (including cases where the specimen was not provided in connection with the alleged offence) ”. For subsection (3) there shall be substituted—
Section 17 of that Act (provisions as to proceedings for certain offences in connection with the construction and use of vehicles) shall be amended as follows. In subsection (1) for the words “section 42(1) of the Road Traffic Act 1988 (contravention” there shall be substituted the words “ section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention ”. In subsection (3) after the word “requirements” there shall be inserted the words “ , or so that it has ceased to be excessive, ”.
In section 21(3) of that Act (evidence of one witness sufficient in Scotland in relation to certain offences) for the words “or 36” there shall be substituted the words “ , 36 or 172. ”
Section 23 of that Act (alternative verdicts in Scotland) shall be amended as follows. In subsection (1)— Subsection (2) shall be omitted.
Section 27 of that Act (production of licence) shall be amended as follows. In subsection (1), for the words from “endorsement” to “Act” there shall be substituted the words “ or discretionary disqualification, and a court proposes to make an order disqualifying him or an order under section 44 of this Act, the court must, unless it has already received them, ”. Subsection (2) shall be omitted. In subsection (3), after the words “as required” there shall be inserted the words “ under this section or section 44 of the Powers of Criminal Courts Act 1973, or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 ”.
Section 30 of that Act (modification of penalty points where fixed penalty also in question) shall be amended as follows. In subsection (1)(a) for the words “obligatory or discretionary disqualification” there shall be substituted the words “ obligatory endorsement ”. In subsection (2)— Subsection (3) shall be omitted.
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Section 35 of that Act (disqualification for repeated offences) shall be amended as follows. In subsection (1)(a) for the words “involving obligatory or discretionary disqualification” there shall be substituted the words “ to which this subsection applies ”. After subsection (1) there shall be inserted— In subsection (2) for the words “was imposed” there shall be substituted the words “ was for a fixed period of 56 days or more and was imposed ”. In subsection (3) for the words “involving obligatory of discretionary disqualification” there shall be substituted the words “ to which subsection (1) above applies ”. In subsection (5) for the words following “1973” there shall be substituted the words “ or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence ”. After subsection (5) there shall be inserted—
In section 37(3) of that Act (driver disqualified until test is passed entitled to provisional licence) for “36(1)” there shall be substituted “ 36 ”.
After section 41 of that Act there shall be inserted—
In section 42 of that Act (removal of disqualification) after subsection (5) there shall be inserted—
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Section 47 of that Act (supplementary provisions as to disqualifications and endorsements) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (3), for the words “any such order” there shall be substituted the words “ an order for the endorsement of a licence or the disqualification of a person ”.
For section 48 of that Act (exemption from disqualification and endorsement for offences against construction and use regulations) there shall be substituted—
For section 53 of that Act there shall be substituted—
Section 54 of that Act (power to give fixed penalty notices on the spot or at a police station exercisable only if offender would not if convicted be liable to disqualification under section 35) shall be amended as follows. In subsection (1), after the word “where”, there shall be inserted the words “ in England and Wales ”. After subsection (9) there shall be added—
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In section 69(4) of that Act (references to fixed penalty clerk) after the words “of this Act” there shall be inserted the words “ (except in sections 75 to 77) ”.
At the end of section 86(1) of that Act (functions of traffic wardens) there shall be added the words “ unless that offence was committed whilst the vehicle concerned was stationary. ”
Section 89 of that Act (interpretation), shall be amended as follows. “chief constable” means, in Scotland in relation to any conditional offer, the chief constable for the area in which the conditional offer has been issued. In the definition of “chief officer of police” for the words “or notice to owner” there shall be substituted the words “ , notice to owner or conditional offer ”.
In section 90 of that Act (index to Part III)—
in the entry relating to the expression “Conditional offer”, for the words “Section 75(4)” there shall be substituted the words “ Section 75(3) ”; and
at the end of the entry relating to the expression “Fixed penalty clerk” there shall be added the words “ and 75(4) ”.
In section 92 of that Act (persons in public service of Crown) after “16” there shall be inserted “ 20 ”.
In section 93(2) of that Act (persons subject to service discipline) for “4” there shall be substituted “ 3A ”.
In subsection (1) of section 98 of that Act (interpretation), in paragraph (b) of the definition of “road”, for the words “has the same meaning as in the Roads (Scotland) Act 1984” there shall be substituted the words “ means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes, ”. At the end of subsection (2) of that section there shall be added the word “ Act ”.
Schedule 3 to the Road Traffic Offenders Act 1988 (fixed penalty offences) shall be amended as follows. RTA section 40A Using vehicle in dangerous condition etc. RTA section 41A Breach of requirement as to brakes, steering-gear or tyres. RTA section 41B Breach of requirement as to weight: goods and passenger vehicles. In the entry relating to section 42 of the Road Traffic Act 1988, for the words in column 2 there shall be substituted the words “ Breach of other construction and use requirements ”. In the entry relating to section 87(1) of the Road Traffic Act 1988, in column 2 for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
In Schedule 5 to the Road Traffic Offenders Act 1988 (conditional offer of fixed penalty in relation to certain offences in Scotland), in the entry relating to section 87(2) of the Road Traffic Act 1988, in column (2) for the word “without” there shall be substituted the words “ otherwise than in accordance with ”.
In section 12 of that Act (proof of identity of driver) after subsection (3) there shall be added—
In section 8(3) of the Road Traffic (Consequential Provisions) Act 1988 (commencement) for the words from the beginning to the end of paragraph (c) there shall be substituted the words “ Paragraphs 15 to 20 of Schedule 2 to this Act ”.
The Traffic Director for London shall be a corporation sole.
The Director shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Director’s property shall not be regarded as property of, or held on behalf of, the Crown.
Subject to the following provisions of this paragraph, the Director shall hold and vacate office in accordance with the terms of his appointment. The Director shall be appointed for a term not exceeding five years. At the end of a term of appointment the Director shall be eligible for re-appointment. The Director may at any time resign his office by notice in writing addressed to the Secretary of State. The Secretary of State may remove the Director from office— The Director’s terms of appointment may provide for his removal from office (without assigning cause) on notice from the Secretary of State of such length as may be specified in those terms, subject, if those terms so provide, to compensation of such amount as the Secretary of State may, with the approval of the Treasury, determine.
There shall be paid to the Director such remuneration and such travelling and other allowances as the Secretary of State may determine. In the case of any such holder of the office of Director as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension, allowances or gratuities to or in respect of him, as may be so determined. If the Secretary of State determines that there are special circumstances which make it right that a person ceasing to hold office as Director should receive compensation, there may be paid to him a sum by way of compensation of such amount as the Secretary of State may determine. Sub-paragraph (3) above does not apply in the case of a person who receives compensation by virtue of paragraph 3(6) above. The approval of the Treasury shall be required for the making of a determination under this paragraph.
The Director shall act only with the approval of the Secretary of State, given with the approval of the Treasury, in determining— Anything authorised or required by or under any enactment to be done by the Director may be done by any person employed by him who has been authorised by the Director, whether generally or specially, for that purpose. Employment by the Traffic Director for London. The Director shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase in the sums payable out of money provided by Parliament under that Act attributable to sub-paragraph (3) above. Where an employee of the Director who is (by reference to that employment) a participant in a scheme under section 1 of that Act, becomes a holder of the office of Director, the Treasury may determine that his term of office shall be treated for the purposes of the scheme as employment by the Director (whether or not any benefits are payable to or in respect of him by virtue of paragraph 4(2) above).
The remuneration of the Director and any other payments made under paragraphs 3(6) or 4 above to or in respect of him shall be paid out of grants made by the Secretary of State under section 80(2) of this Act.
The Director shall keep accounts and shall prepare a statement of accounts in respect of each financial year. The accounts shall be kept, and the statement shall be prepared, in such form as the Secretary of State may, with the approval of the Treasury, direct. The accounts shall be audited by persons appointed in respect of each financial year by the Secretary of State. No person shall be qualified to be appointed as auditor under this paragraph unless he is— but a firm may be appointed as auditor under this paragraph if each of its members is qualified to be so appointed. In this paragraph, and in paragraph 8 below, “financial year” means—
As soon as possible after the end of each financial year, the Director shall submit to the Secretary of State an annual report on the discharge in that year of his functions. Each report shall contain a copy of the statement of accounts prepared and audited under paragraph 7 above in respect of that financial year. The Secretary of State shall lay a copy of the Director’s annual report before each House of Parliament. The Director shall provide the Secretary of State with such information relating to his property and the discharge and proposed discharge of his functions as the Secretary of State may require; and for that purpose shall—
A document purporting to be duly executed under the seal of the Director or to be signed on the Director’s behalf shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
In Schedule 1 to the Public Records Act 1958, in Part II of the Table in paragraph 3 the following entry shall be inserted at the appropriate place— “ Traffic Director for London ”.
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry shall be inserted at the appropriate place— “ Traffic Director for London. ”
Traffic Director for London. The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
Section 66(7).
Where— the London authority concerned may serve a notice (“a notice to owner”) on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred. A notice to owner must state— The Secretary of State may prescribe additional matters which must be dealt with in any notice to owner.
Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (4) below are satisfied, he may make representations to that effect to the London authority who served the notice on him. Any representations under this paragraph must be made in such form as may be specified by the London authorities, acting through the Joint Committee. The authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the notice to owner was served. The grounds are— Where the ground mentioned in sub-paragraph (4)(a)(ii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the person making the representations (if that information is in his possession). Where the ground mentioned in sub-paragraph (4)(a)(iii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the vehicle was acquired by the person making the representations (if that information is in his possession). It shall be the duty of an authority to whom representations are duly made under this paragraph—
Where representations are made under paragraph 2 above and the London authority concerned accept that the ground in question has been established they shall— The cancellation of a notice to owner under this paragraph shall not be taken to prevent the London authority concerned serving a fresh notice to owner on another person. Where the ground that is accepted is that mentioned in paragraph 2(4)(e) above, the person hiring the vehicle shall be deemed to be its owner for the purposes of this Schedule.
Where any representations are made under paragraph 2 above but the London authority concerned do not accept that a ground has been established, the notice served under paragraph 2(7) above (“the notice of rejection”) must— and may contain such other information as the authority consider appropriate.
state that a charge certificate may be served under paragraph 6 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—
the penalty charge is paid; or
the person on whom the notice is served appeals to a parking adjudicator against the penalty charge;
indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him; and
describe in general terms the form and manner in which an appeal to a parking adjudicator must be made,
Where an authority serve notice under sub-paragraph (7) of paragraph 2 above, that they do not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may, before— appeal to a parking adjudicator against the authority’s decision. On an appeal under this paragraph, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 2(4) above and may give the London authority concerned such directions as he considers appropriate. It shall be the duty of any authority to whom a direction is given under sub-paragraph (2) above to comply with it forthwith.
Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent. The relevant period, in relation to a notice to owner, is the period of 28 days beginning— Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.
Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the authority concerned may, if a county court so orders, recover the increased charge as if it were payable under a county court order.
This paragraph applies where— The statutory declaration must state that the person making it— Sub-paragraph (4) below applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on him serving his statutory declaration within the period of 21 days allowed for by sub-paragraph (1) above. Where this sub-paragraph applies, the district judge may allow such longer period for service of the statutory declaration as he considers appropriate. Where a statutory declaration is served under sub-paragraph (1)(c) above— Service of a declaration under sub-paragraph (2)(a) above shall not prevent the London authority serving a fresh notice to owner. Where a declaration has been served under sub-paragraph (2)(b) or (c) above, the London authority shall refer the case to the parking adjudicator who may give such direction as he considers appropriate.
A person who, in response to a notice to owner served under this Schedule, makes any representation under paragraph 2 or 5(2) above which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence. Any person guilty of such an offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Any charge certificate, or notice under this Schedule—
may be served by post; and
where the person on whom it is to be served is a body corporate, is duly served if it is sent by post to the secretary or clerk of that body.
Section 81.
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In section 15 of the Greater London Council (General Powers) Act 1974 (parking on footways etc.) in subsection (12)(b) for the words “under section 84” there shall be substituted the words “ made by virtue of section 84(1)(a) ”.
In section 7 of the Road Traffic Regulation Act 1984 (provisions supplementary to section 6), in subsection (6) for the words “Secretary of State for the Home Department” there shall be substituted the words “ the Commissioner of Police for any police area in which is situated any road or part of a road to which the order is to relate ”.
In that Act, after section 13 there shall be inserted—
Section 55 of that Act (financial provisions relating to designation orders) shall be amended as follows. In subsection (1), for the words from “designated” to the end there shall be substituted the wordsfor which they are the local authority and which are— After subsection (3) there shall be inserted— In subsection (4)(c), the words from “to the council” to “City of London” shall be omitted.
Section 105 of that Act (exemptions from provisions relating to immobilisation of vehicles) shall be amended as follows. In subsection (2) after the words “of any vehicle” there shall be inserted the words “ found otherwise than in Greater London ”. After subsection (2) there shall be inserted— In subsection (3) for the words “subsection (2)(a)” there shall be substituted the words “ subsections (2)(a) and (2A) ”.
In section 122 of that Act (exercise of functions by local authorities) there shall be added at the end—
For paragraph 5 of Schedule 5 to the Local Government Act 1985 (designation of routes in London) there shall be substituted—
Paragraph 6 of that Schedule (guidance as to exercise of traffic powers) shall be amended as follows. In sub-paragraph (5) for the words “summarily as a civil debt” there shall be substituted the words “ as a debt due to the Crown ”. After sub-paragraph (6), there shall be inserted—
In paragraph 10(6) of that Schedule (recovery of sums expended by the Secretary of State in connection with traffic control systems) for the words “summarily as a civil debt” there shall be substituted the words “ as a debt due to the Crown ”.
In paragraph 11 of that Schedule (recovery of sums expended by the Secretary of State to obtain information) for the words “summarily as a civil debt” there shall be substituted the words “ as a debt due to the Crown ”.
In section 64 of the New Roads and Street Works Act 1991 (traffic-sensitive streets), after subsection (3) there shall be added—
Section 83. Chapter Short title Extent of repeal 1970 c. 44. The Chronically Sick and Disabled Persons Act 1970. In section 21(4) the words “and any badge” onwards. In section 21(5) the words “and in the case” onwards. 1972 c. 27. The Road Traffic (Foreign Vehicles) Act 1972. In Schedule 1— the entry relating to section 8(1) of the Public Passenger Vehicles Act 1981; in the entry relating to section 68 of the Road Traffic Act 1988, the word “goods”. 1972 c. 71. The Criminal Justice Act 1972. Section 24(2). 1973 c. 62. The Powers of Criminal Courts Act 1973. In section 44(3), paragraphs (a) and (b) and the word “and” immediately preceding them. 1975 c. 46. The International Road Haulage Permits Act 1975. In section 1(9), the words “section 56(1) of the Road Traffic Act 1972 or”. 1981 c. 14. The Public Passenger Vehicles Act 1981. Section 7. Section 8(1) to (2). In section 8(3), the words “for the purposes of this Act”. Section 9. In section 9A(1), the words “with the omission of subsection (1)(b)”. Section 9A(2). Section 20(6). Section 51(2). In section 53(1), the words “certifying officers, public service vehicle examiners” and the words “public service” in the second place where they appear. Section 65(1)(f). In section 66A(1), paragraph (b) and the word “or” immediately preceding it. In section 68(4), the reference to section 9(9)(b). In section 82(1), the definition of “certifying officer”. In Schedule 7, paragraph 17(a). 1982 c. 49. The Transport Act 1982. In section 9, the paragraph beginning “Any functions under section 9”. Section 10(5). In section 10(8), the words from “Without prejudice” to “their functions”. Section 19. Section 21(2) and (3). Section 23(4). In Schedule 5, paragraph 21. 1984 c. 27. The Road Traffic Regulation Act 1984. In section 17(2), the word “or” at the end of paragraph (b). Section 35(9). In section 51(5), the words “being not less than 2 years”. In section 55(4)(c), the words from “to the Council” to “City of London”. In section 85(1), the words “the prescribed”. In section 85(2)(a), the words “the prescribed”. In section 99(2), paragraph (c) and the word “and” immediately preceding it. In section 102(2), the word “and” at the end of paragraph (b). In section 102(8), the words following paragraph (b) in the definition of “appropriate authority”, and the word “and” at the end of the definition of “person responsible”. Section 104(10). In section 105(3)(b), the words “under section 49(4) of this Act.” In section 106— subsections (2) to (4), (6) and (10); in subsection (5), the words “After the end of the experimental period”; in subsection (9), the words “except in the case of an order to which subsection (6) above applies”. In section 117(3), the definition of “disabled person’s badge”. Section 141. In Schedule 13, in paragraph 40, the words “and for” onwards. 1985 c. 67. The Transport Act 1985. In Part II of Schedule 2, paragraph 4(3) and (11)(b). In Schedule 7, paragraph 21(2) and (3). 1988 c. 52. The Road Traffic Act 1988. Section 15(10). Section 19A. In section 29, the words “In this section” to the end. Section 30(3). Section 41(3)(b) and (c). Section 48(6). Section 50(2) and (3). In section 51(1)(b), the word “goods”. In section 61(2)(a), the words from “goods” to “service”. Section 61(5). Section 67(4)(a). Section 73(2). Section 75(3)(a)(iii). In section 75(6), paragraph (c) and the word “or” immediately preceding it. Section 75(8). Section 79(2)(a). In section 86, in the table, the entry for “Goods vehicle examiner”. Section 97(7). Section 98(5). In section 105(2)(ee), the words “for any purpose of this Part of this Act”. In section 105(2)(f), the words “for the purposes of this Part of this Act”. Section 151(9)(b). In section 164(6), the words “to a constable”. In section 165(4), the words “to a constable”. In section 173(2), the word “and” at the end of paragraph (k). In section 183(3), paragraph (b) and the word “and” immediately preceding it. In section 192(2), the word “ “road””. Section 193. Schedule 4. 1988 c. 53. The Road Traffic Offenders Act 1988. In section 17(3), the word “goods” in each place where it occurs. Section 23(2). Section 27(2). In section 30(2), the words “Subject to section 28(2) of this Act,”. Section 30(3). Section 54(8). Section 59(6). Section 60. In Schedule 1, in the Table— in the entry relating to section 71 of the Road Traffic Act 1988, in column 2 the word “goods” in each place where it occurs; the entries relating to sections 97 and 98 of that Act. In Part I of Schedule 2— in the entries relating to sections 68 and 71 of the Road Traffic Act 1988, in column 2 the word “goods” in each place where it occurs; the entries relating to sections 97 and 98 of that Act; in the entry relating to section 165 of that Act, in column 2 the word “constable”; the entries in columns 6 and 7 relating to section 178 of that Act; in the entry relating to section 26 of the Road Traffic Offenders Act, in column 2 the words “on committal for sentence etc.” In Part II of Schedule 2, the entries in columns 3 and 4 relating to stealing or attempting to steal a motor vehicle or to section 12 or 25 of the Theft Act 1968. In Schedule 3, the entry relating to section 97 of the Road Traffic Act 1988. 1988 c. 54. The Road Traffic (Consequential Provisions) Act 1988. Section 6. In Part I of Schedule 2— in paragraph 1; in paragraph 3(1) the entry beginning “for “section 56(2)(a)””. paragraph 4(2); paragraph 8; paragraph 9; paragraph 10(b); paragraph 13(b)(ii); paragraph 15(b) and the word “and” immediately preceding it. Parts II, III and IV of Schedule 2. In Schedule 3— paragraph 6(3) and (5); paragraph 8(1); paragraph 8(2)(d) and the word “and” immediately preceding it; paragraph 9(1)(c) and the word “and” immediately preceding it; paragraph 9(3)(b); paragraph 11(b) and (c); paragraph 37(1) and (2). Schedule 5. 1989 c. 22. The Road Traffic (Driver Licensing and Information Systems) Act 1989. In Schedule 3, paragraph 21. 1991 c. 40 The Road Traffic Act 1991. In Schedule 4, paragraph 79.