Weekly Epidemiological Record, 2008, vol. 83, 31 [full issue]
Section 4 of the Road Traffic Act 1972 (offence of driving under age) is hereby repealed and Part III of that Act (ordinary driving licences) shall, subject to Schedule 2 to this Act, have effect with the substitution for section 96 (disqualification of persons under age) of the following—
Schedule 1 to this Act (which contains consequential and other amendments including amendments about heavy goods vehicle drivers' licences) shall have effect.
Schedule 1 to this Act shall be treated, in so far as it amends sections 85, 107 and 110 of the Road Traffic Act 1972, as having had effect since the beginning of 1976— and any regulations made by virtue of those amendments may have effect accordingly.
for authorising the grant of driving licences authorising the driving of motor vehicles of any class since that time by reference to the classes of vehicles and the ages specified in section 96 of that Act as substituted by subsection (1) above; and
for the interpretation of such licences;
Schedule 2 to this Act (which contains saving provisions) shall also have effect.
The enactments specified in Part I of Schedule 3 to this Act (which includes some which are spent) are hereby repealed to the extent specified in the third column of that Schedule.
In Part VI of the Transport Act 1968 (drivers’ hours)—
in section 103(1), for the definition of “the international rules” there shall be substituted the words “ “the applicable Community rules” means any dirctly applicable EU provision for the time being in force about the driving of road vehicles”
in section 103(1), in the appropriate places in alphabetical order, there shall be inserted the following definitions— “relevant EU provision” means any EU provision for the time being in force about the driving of road vehicles, whether directly applicable or not
for the words “the international rules” wherever occuring in that Part, there shall be substituted the words “the applicable Community rules”;
in section 95(1), there shall be inserted after the words “proper hours” the words “or periods” and there shall be substituted, for the words after “fatigue” (about the adaptation of that Part to take account of EU provisions relating to international journeys), the following words—but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, or supplemental or incidental to this Part, as he considers necessary or expedient to take account of the operation of any relevant EU provision. ;
in section 96(11), for the words from “subsections (1) to (6)” to “(10) thereof” there shall be substituted the words “the domestic drivers’ hours code”;
after section 96(12) there shall be added the following subsection—;
in section 98, for the words “books and records” in subsection (2) and the words “books and records” in subsection (4), there shall be substituted the words “books, records or documents”; and
in section 99, in subsection (1)(d), the word “corresponding” shall be omitted and in subsection (5) for the words “book or register kept” there shall be substituted the words “book, register or document kept or carried”;
in section 101, in subsection (3), after the words “(except regulations made” there shall be inserted the words “under section 95(1) or” and after that subsection there shall be inserted the following subsection—
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In . . . . . . . . . Schedule 2 to the Road Traffic (Foreign Vehicles) Act 1972, for the words “the international rules” there shall be substituted the words “the applicable Community rules”.
The enactment specified in Part II of Schedule 3 to this Act is hereby repealed.
Nothing in subsection (1) above shall invalidate any regulations made under the said section 95(1) and those regulations shall have effect as if they had been made under that subsection as substituted by paragraph (d) of subsection (1) above.
For section 103(7) of the Transport Act 1968 (which confers jurisdiction over an offence about drivers’ hours on any court having jurisdiction in the place where the person charged with the offence is for the time being) there shall be substituted the following—
This Act may be cited as the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976.
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with the exception of the provisions specified in paragraph (b) below, sections 1, 3 and 4 shall come into force on the passing of this Act;
in Schedule 1, paragraph 8 and (except so far as it has effect for purposes of section 119 of the Road Traffic Act 1972) paragraph 11, and, in Schedule 2, sub-paragraphs (1), (2), (3) and (7) of paragraph 3 shall come into force on the appointed day;
section 2 shall come into force on the appointed day.
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This Act does not extend to Northern Ireland.
In section 84 of the Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") the following amendments shall be made—
in subsection (2) (offence of employing a person to drive without an ordinary driving licence), for the words " employ a person " there shall be substituted the words " cause or permit another person " and for the words " if the person employed " there shall be substituted the words " if that other person " ;
in subsection (3) there shall be substituted, for the words " a person may, without holding a licence " the words " it shall be lawful for a person who is not the holder of a licence, to " and for the words " a person may employ " the words " for a person to cause or permit "; and
in subsection (4) there shall be substituted, for the words " a person may at any time drive or employ " , the words " it shall be lawful for a person to drive or cause or permit ".
In section 85(1) of the principal Act (conditions of entitlement to driving licences) after the words " as to provisional licences " there shall be inserted the words " and to the provisions of any regulations made by virtue of section 107(1)(f) of this Act " .
In section 88 of the principal Act, in subsection (3) (matters to be stated in driving licence), for paragraph (b), there shall be substituted— and in subsection (4) (restrictions on classes of vehicles which may be driven as if driven under a provisional licence), for paragraph (a), there shall be substituted— .
In section 107(1) of the principal Act (general power to make regulations about ordinary driving licences), there shall be inserted after paragraph (e) the following paragraphs—
In section 110 of the principal Act (definitions for purposes of provisions about ordinary driving licences) there shall be inserted in the appropriate places the following definitions—; ; ; ; ; ; ; ; ; ; .
In section 111(1) of the principal Act, for the words " be employed in driving" there shall be substituted the words " for a person to cause or permit the holder of such a licence to drive " .
In section 112 of the principal Act the following amendments shall be made—
in subsection (2) (offence of employing a person to drive without a heavy goods vehicle drivers' licence), for the word " employ ", there shall be substituted the words " cause or permit " ;
in subsection (3), for the words from " as the case" to " employed " there shall be substituted the words " shall make it unlawful for a person who is not so licensed to act or, as the case may be, for a person to cause or permit such a person " ; and
in subsection (4), for the word " employment ", there shall be substituted the words " causing or permitting " .
In section 114(1) of the principal Act (conditions precedent to grant of heavy goods vehicle drivers' licences), for the words from " Subject" to "Act" there shall be substituted the words " Subject to the provisions of any regulations made by virtue of section 119(1)(f) of this Act " .
In section 114(4) of the principal Act (offence of employing a person under 21 to drive heavy goods vehicles in contravention of conditions of licence), for the word " employ " there shall be substituted the words " cause or permit " .
In section 119(1) of the principal Act (general power to make regulations about heavy goods vehicle drivers' licences) the following amendments shall be made—
in paragraph (b), after the word " conduct" there shall be inserted the words " and, if the applicant is to be authorised to drive vehicles of any class at an age below the normal minimum age for driving vehicles of that class, with respect to participation in an approved training scheme for drivers) " ;
there shall be inserted after paragraph (k) the following paragraph—
In section 124 of the principal Act (definitions for purposes of provisions about heavy goods vehicle drivers' licences) the following amendments shall be made, that is to say—
for the definition of " heavy goods vehicle " there shall be substituted the following definition—
the following new definitions shall be inserted at the appropriate places—
and ' articulated goods vehicle ' and ' permissible maximum weight' have the same meanings as they have for the purposes of Part III of this Act
In section 188(3) of the principal Act (minimum age restrictions not to apply to the driving of vehicles of armed forces), for the words preceding " shall not apply" there shall be substituted the words " Subject to regulations made under subsection (2) of section 96 of this Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) " .
In section 196(2) of the principal Act (interpretation of " class ") after the word " defined" there shall be inserted the words " or described " .
In section 198(4) of the principal Act, for the word " section " there shall be substituted the words " sections 96 and " .
In Part I of Schedule 4 to the principal Act (punishment of offences) in column 2 of the entries relating to section 84(2), 112(2) and 114(4), there shall be substituted for the word " Employing " the words " Causing or permitting ".
In section 104(2) of the Road Traffic Regulation Act 1967 (interpretation of " class "), after the word " defined " there shall be inserted the words " or described " .
Notwithstanding the repeal by section 1 of this Act of section 4 of the Road Traffic Act 1972 (in this Schedule referred to as " the principal Act") any instrument made or having effect as if made under the said section 4 shall have effect (with the appropriate adaptation of references) as if made under subsection (2) of section 96 of the principal Act as substituted by section 1 of this Act and may be varied or revoked accordingly.
This paragraph applies to a person who immediately before 1st January 1976 fulfilled any of the following conditions, that is to say— Subject to sub-paragraph (3) below, a person to whom this paragraph applies shall not, by reason only of the provisions of section 96 of the principal Act as substituted by section 1 of this Act, be disqualified for holding or obtaining a licence authorising him to drive motor vehicles falling within the class described in paragraph 5 or 6 of the Table set out in subsection (1) of the said section 96. A person shall not be treated, by virtue of sub-paragraph (2) above, as entitled to the grant of a licence authorising him to drive a goods vehicle the permissible maximum weight of which exceeds 10 tonnes or a motor vehicle constructed solely for the carriage of passengers and their effects which is adapted to carry more than 15 passengers inclusive of the driver. This paragraph shall be construed as if it were contained in Part III of the principal Act but in sub-paragraph (1) " licence " includes a licence to drive motor vehicles granted under Part I of the Road Traffic Act (Northern Ireland) 1970.
This paragraph applies to— Nothing in section 112(1) or (2) of the principal Act (offences arising out of driving without heavy goods vehicle drivers' licence) shall apply to or in relation to the driving by a person to whom this paragraph applies of a goods vehicle to which this paragraph applies during 1976. Nothing in section 114(1) of the principal Act (restriction on grant of heavy goods vehicle drivers' licences) shall prevent the licensing authority from granting a full licence to drive a heavy goods vehicle if— but any licence which the licensing authority grants by virtue of this sub-paragraph shall restrict the person to whom it is granted to the driving of a heavy goods vehicle which is not an articulated goods vehicle (within the meaning of Part IV of the principal Act) and the permissible maximum weight of which does not exceed 10 tonnes. The reference in sub-paragraph (3) above to the driving of a goods vehicle in any period between the beginning of 1975 and the relevant appointed day does not include a reference to the driving of a goods vehicle of a prescribed class or of a goods vehicle while it is being used in prescribed circumstances. The Secretary of State may by regulations restrict the class of goods vehicles to which this paragraph applies for the driving of which a licence may be granted by virtue of sub-paragraph (3) above by reference to the class of vehicle which the applicant for the licence was driving during any period between the beginning of 1975 and the relevant appointed day. In this paragraph— Any reference in this paragraph to a driving licence authorising a person to drive a goods vehicle to which this paragraph applies shall, in relation to a driving licence granted under Part I of the Road Traffic Act (Northern Ireland) 1970, be construed as a reference to a licence so granted authorising him to drive a goods vehicle of a class which— This paragraph shall be treated, for the purposes of section 199 of the principal Act (exercise and Parliamentary control of regulation-making powers), as if it were contained in that Act.
Notwithstanding section 38(2) of the Interpretation Act 1889 (repeals not to affect accrued liabilities and proceedings therefor), no person shall be convicted (whether in proceedings instituted before or in proceedings instituted after the passing of this Act) of an offence under section 4 or any provision of Part III of the principal Act by reason of his having at any time since the beginning of 1976 driven a motor vehicle of any class on a road under the age which by or under the said section 4 is the minimum age for driving a motor vehicle of that class if at that time he was the holder of a driving licence issued before the passing of this Act authorising him to drive a motor vehicle of that class and had attained the minimum age specified in the licence for driving that class of vehicle.
Sections 1 and 2.
Chapter Short Title Extent of Repeal 1972 c. 20. The Road Traffic Act 1972. Section 4. In section 107, in subsections (1) and (2), the words “section 4 or”. In section 110, the words “and section 4 thereof”. Section 122. In section 124, the words “and Schedule 5 thereto”. In section 198(1), the word “4”. In Schedule 4, in Part I, the entries relating to section 4(4). Schedule 5. 1972 c. 68. The European Communties Act 1972. In Schedule 4, in paragraph 9, sub-paragraph (1). 1974 c. 50. The Road Traffic Act 1974. Section 15(1).
Chapter Short Title Extent of Repeal 1972 c. 68. The European Communities Act 1972. InSchedule 4, in paragraph 9, sub-paragraph (3).