Road Traffic Act 1974
1974 c. 50
An Act to make further provision with respect to road traffic and operators’ licences, and for connected purposes.
Liability of vehicle owners
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Miscellaneous
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F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F517
1
The Secretary of State may conduct experiments as to the effectiveness, safety and acceptability to the public of the construction in or on the surface of highways of artificial humps or depressions (in this section referred to as “road humps”) designed to control the speed of vehicles, and for this purpose he may, subject to the following provisions of this section, construct, maintain and remove road humps in any highway maintainable at the public expense, within the meaning of the M1Highways Act 1959.
2
Except with the consent of the highway authority, the Secretary of State shall not construct a road hump in a highway for which he is not the highway authority, and where a road hump has been constructed in such a highway in accordance with this section—
a
neither the highway authority nor any other authority having power to maintain that highway shall remove or otherwise interfere with the road hump without the consent of the Secretary of State; and
b
any obligation imposed on any other person having power to break open that highway to make good any damage to it or otherwise to reinstate it shall include an obligation to make good any damage to, or otherwise reinstate, the road hump.
3
In any case where the Secretary of State proposes to construct a road hump in a highway under this section, he shall—
a
publish in one or more local newspapers circulating in the area in which the highway concerned is situated, and
b
place at appropriate points on that highway,
a notice of his proposal, stating the nature, dimensions and proposed location of the road hump, the address to which objections to his proposals may be sent and the period, which shall be not less than 21 days beginning with the date on which the notice is first published in accordance with paragraph (a) above, within which any such objections may be so sent.
4
The Secretary of State shall consider any objections sent to him in accordance with a notice under subsection (3) above and, if he thinks fit, may cause a local inquiry to be held; and section 279 of the Highways Act 1959 (provisions as to inquiries) shall have effect in relation to an inquiry caused to be held under this subsection as it has effect in relation to an inquiry caused to be held under that section.
5
A road hump constructed in a highway in accordance with this section shall be removed not later than the expiry of the period of one year beginning with the day on which its construction began.
6
The power of the Secretary of State under subsection (1) above to construct, maintain and remove road humps in a highway includes power—
a
b
to carry out any works ancillary to or consequential on the construction, maintenance or removal of a road hump or the exercise of any power conferred on him by paragraph (a) above,
and the Secretary of State and a local highway authority may enter into an agreement for the carrying out by the local highway authority of any works (including works of maintenance) which the Secretary of State is empowered to carry out in relation to a road hump which he is authorised to construct or has constructed in accordance with this section (whether in a highway for which he is the highway authority or otherwise).
7
In relation to a road hump in a highway for which the Secretary of State is not the highway authority—
a
the highway authority for that highway, and
b
any other authority having power to maintain that highway,
may pay to the Secretary of State a contribution equal to the whole or any part of the expenditure incurred by him in connection with the construction, maintenance or removal of the hump or in the exercise of any other power relating to it.
8
Any road hump constructed in a highway in the exercise of the Secretary of State’s powers under this section shall be so constructed and maintained that—
a
it does not raise the surface of the highway by more than 5 inches above, or lower that surface by more than 2 inches below, the surface of the highway on either side of the hump; and
b
it is of such a shape that no damage is likely to be caused to the tyres of a vehicle passing over the hump.
9
If and so long as a road hump is constructed and maintained in a highway in accordance with this section and the presence of the hump is indicated by a traffic sign of a type prescribed or character authorised under F7section 64 of the Road Traffic Regulation Act 1984—
a
the road hump shall be treated as not constituting an obstruction to the highway; and
b
the highway authority shall not be treated as being in breach of their duty to maintain the highway by reason only of the presence of the road hump.
18 Experimental introduction of road humps for controlling vehicle speeds.
1
Notwithstanding anything in the M3Explosives Act 1875 or in any other enactment, a constable who is for the time being engaged in the regulation of traffic in a road or any person acting under his authority may, on or in the vicinity of the road, light and use a flare for the purpose of regulating the traffic.
2
In this section “flare” means a firework or other device designed to produce a light by a process of combustion.
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23 Variation of penalties for certain offences.
F211
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2
Except in so far as the context otherwise requires, references in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.
24 Interpretation.
1
This Act may be cited as the Road Traffic Act 1974.
2
Schedule 6 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
C13
The enactments specified in Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
C24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes; and an order bringing into operation any provision of Schedule 7 to this Act may contain such savings from the effect of the repeal concerned as the Secretary of State considers to be appropriate.
5
SCHEDULES
SCHEDULE 1 . . . F11
SCHEDULES 2 AND 3 . . . F12
Schs. 2, 3 and 5 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
F13SCHEDULE 4
Sch. 4 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2
1
In section 62 (applications for operators’ licences) after subsection (4) there shall be inserted the following subsections:—
4A
A person who has applied for an operator’s licence shall forthwith notify the licensing authority if, in the interval between the making of the application and the date on which it is disposed of, a conviction occurs which, if the period of five years specified in paragraph (e) of subsection (4) of this section had not expired, would be a conviction falling within that paragraph; and for the purposes of this subsection an application shall be taken to be disposed of,—
a
if the licensing authority is required, by virtue of regulations under section 91 of this Act, to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and
b
in any other case, on the date on which the applicant receives notice from the licensing authority of his decision on the application.
4B
A person who knowingly fails to comply with subsection (4A) of this section shall be liable on summary conviction to a fine not exceeding £200, and section 180 of the Road Traffic Act 1972 (time for bringing summary proceedings for certain offences) shall apply in relation to an offence under this subsection as it applies in relation to the offences under that Act to which it is applied by virtue of Schedule 4 to that Act.
2
In section 64(2) (requirements to be satisfied on an application for an operator’s licence)—
a
at the end of paragraph (a) there shall be added the words “and to any conviction required to be notified in accordance with section 62(4A) thereof”,
b
at the end of paragraph (d) there shall be added the words “and that the place which is to be the operating centre for those vehicles is suitable for that purpose”, and
c
in paragraph (e), after the word “subsection” there shall be inserted the words “and of a suitable operating centre”.
3
1
In section 67 (duration of operators’ licences and grant of interim licences) in subsection (2) (determination of expiry date of operators’ licences) after the words “unless previously revoked” there shall be inserted the words “or prematurely terminated under section 69 of this Act.”
2
In subsection (3)(a) of that section (power of licensing authorities to direct that, in certain specified cases, the period relevant to the duration of an operator’s licence shall be less than five years) for paragraphs (i) and (ii) there shall be substituted the words “if it appears to the licensing authority to be appropriate in the case of any applicant”.
3
In subsection (5) of that section (interim licences) after the words “63 or” there shall be inserted the words “subsections (1) to (3) of section” and after the words “application for an operator’s licence” there shall be inserted the words “but shall be so treated for the purposes of section 64(4) of this Act”.
4
1
In section 69 (revocation, suspension and curtailment of operators’ licences), in subsection (1) after the word “suspended” there shall be inserted the words “terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act” and in paragraph (f) of that subsection after the word “suspension” there shall be inserted the words “premature termination”.
2
In subsection (4) of that section (which specifies the convictions which are grounds of revocation, etc.) in paragraph (a) after the words “agent of his” there shall be inserted the words “of an offence under section 46 of the Road Traffic Act 1972 (plating certificates and goods vehicle test certificates) or”, in paragraph (g) after the word “contravening” there shall be inserted “(i)” and at the end of that paragraph there shall be added the words
or
ii
any provision included in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of subsection (3AA) of that section (lorry routes)
3
In subsection (6) of that section (where a person is disqualified from holding an operator’s licence, the licensing authority may direct that in certain cases the licence of any company or person with whom the disqualified person is or becomes associated shall be liable to revocation, suspension or curtailment) after the word “suspension” there shall be inserted the words “premature termination”.
4
At the end of subsection (7) of that section there shall be inserted the following subsection—
7A
Where a licensing authority directs that an operator’s licence be suspended or curtailed, the authority may order that—
a
in the case of a suspension, any motor vehicle specified in the licence may not be used under any other operator’s licence, notwithstanding any authorisation under section 61(1)(c) of this Act, or
b
in the case of a curtailment having the effect of removing any motor vehicle from the licence, the motor vehicle may not be used as mentioned in paragraph (a) above and shall not be capable of being effectively specified in any other operator’s licence,
and an order made under this subsection shall cease to have effect on such date, not being more than 6 months after the order is made, as may be specified therein or, if it is earlier, on the date on which the licence which is directed to be suspended or curtailed ceases to be in force.
5
In subsection (8) of that section (cancellation of orders) for the words “or (7)” there shall be substituted the words “(7) or (7A)”.
6
In subsection (9) of that section (if requested by the licence holder, licensing authority to hold inquiry before giving direction or making order) at the end of paragraph (b) there shall be inserted the words
or
c
make an order under subsection (7A) of this section in respect of any vehicle.
7
In subsection (10) of that section (power of licensing authority to direct that certain directions and orders shall not take effect until expiry of time for appeal) for the words “or (7)” there shall be substituted the words “(7) or (7A)”.
5
In section 70(1)(b) (rights of appeal in connection with certain directions and orders) after the word “whom” there shall be inserted the words “or the holder of an operator’s licence which specifies a motor vehicle in respect of which” and for the word “(7)” there shall be substituted the word “(7A)”.
SCHEDULE 5 . . . F14
Schs. 2, 3 and 5 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
SCHEDULE 6 Minor and Consequential Amendments
1
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2
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3
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4
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The M4Criminal Appeal Act 1968
C310
In section 31 of the Criminal Appeal Act 1968 (powers of Court of Appeal on appeals to that court which are exercisable by a single judge) after subsection (2) there shall be inserted the following subsection:—
2A
The power of the Court of Appeal to suspend a person’s disqualification under section 94A(2) of the Road Traffic Act 1972 may be exercised by a single judge in the same manner as it may be exercised by the Court.
C411
At the end of section 44 of that Act (powers of Court of Appeal on appeals to the House of Lords which are exercisable by a single judge) there shall be added the following subsection:—
2
The power of the Court of Appeal to suspend a person’s disqualification under section 94A(3) of the Road Traffic Act 1972 may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.
12
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C5Schedule 7 Enactments Repealed
Entry repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. I
The text of Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
|---|---|---|
8 & 9 Eliz. 2. c. 16. | The Road Traffic Act 1960. | Section 130. |
. . . F20 | ||
In section 133, in subsection (1) the proviso and in subsection (4) the words “remove the suspension”, in the last place where they occur. | ||
10 & 11 Eliz. 2. c. 59. | The Road Traffic Act 1962. | In Schedule 1, in Part III paragraphs 49 and 51. |
In Schedule 4, the amendment of section 130 of the Road Traffic Act 1960. | ||
1967 c. 76. | The Road Traffic Regulation Act 1967. | Section 9(10). |
In section 31, in subsection (3) the words from “or to imprisonment” to the end of the subsection. | ||
In section 42, in subsection (4) the words from “or to imprisonment” to the end of the subsection. | ||
Section 80(10). | ||
In section 85(1) the word “9(9)”. | ||
1967 c. 80. | The Criminal Justice Act 1967. | In Schedule 3, in Part I the entry relating to section 147(2) of the Road Traffic Act 1960. |
1972 c. 20. | The Road Traffic Act 1972. | In section 40(7) the words “or by or under sections 68 to 79 of this Act”. |
In section 47, in subsections (1), (2), (4), (5), (8), (12) and (13), as originally enacted, the word “goods”, in each place where it occurs. | ||
In section 48(3) the word “goods”. | ||
In section 50, in subsections (3) and (4) the word “goods”, in each place where it occurs, and in subsection (6) the word “goods”, in the second and third places where it occurs. | ||
In section 51, in subsections (1), (3) and (5)(a) the word “goods”, in each place where it occurs. | ||
In section 53(2) the word “and”, in the last place where it occurs. | ||
In section 62(2)(c) the words “46(5) or”. | ||
In section 64, in subsections (2) and (4) the word “goods”. | ||
Section 65. | ||
Sections 68 to 80. | ||
Section 81(1). | ||
In section 82 the definitions of “hours of darkness” and “public passenger vehicle”. | ||
In section 88(5) the words “or any other licence of a description prescribed for the purposes of this subsection”. | ||
In section 104, in subsection (1) the words from “orders”, in the first place where it occurs, to “this Act and”, in subsection (2) the words from “orders”, in the first place where it occurs, to “section 103(1) and”, in subsection (3) the words from “in consequence” to the end of the subsection and in subsection (6)(a) the words “orders his licence to be endorsed and”. | ||
In section 105, in subsection (2) the words from “but where” to the end of the subsection. | ||
In section 162(1)(iii) the words from “or one or more” to “section 47 of this Act” and the words “or 51(1)”. | ||
In section 188, in subsection (4), the word “goods”, in both places where it occurs, and subsection (5). | ||
In Schedule 4, in Part I the entry relating to section 65(5) of that Act. | ||
In Schedule 8, paragraph 3. | ||
1972 c. 27. | The Road Traffic (Foreign Vehicles) Act 1972. | Section 5. |
Section 7(7). |
Sch. 1 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14