Part X E+W HIGHWAYS

23 Control of road-side sales. E+W

The following section shall be inserted after section 147 of the M1Highways Act 1980—

“147A Road-side sales.

(1)Subjectt o subsection (4) below, no person shall, for the purppose of selling anything, or offering or exposing anything gfor sale, use any stall or similar structure or any container or vehicle, kept or placed on—

(a)the verge of a trunk road or a principal road ;

(b)a lay-by on any such road ; or

(c)unenclosed land within 15 metres of any part of any such road,

where its presence or its use for that purpose causes or is likely to cause danger on the road or interupts or is likely to interupt any user of the road.

(2)Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(3)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4)This section does not apply—

(a)to the sale or offer or exposure for sale of things from or on a vehicle which is used for the purposes of itinerant trading with occupiers of premises, or is used only for that purpose and for purposes other than trading ;

(b)to the sale or offer or exposure for sale of newspapers ;

(c)to anything done at a market in respect of which tolls, stallages or rents are payable ; or

(d)to the sale or offer or exposure for sale of anything by way of street trading which has been authorised under Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 or under any local enactment which makes provision similar to that made by that Schedule, either by the person so authorised or by a person acting as assistant to the person so authorised.”.