70 Power to prohibit driving of overloaded goods vehicles.E+W+S
(1)Subsections (2) and (3) below apply where a goods vehicle [F1, or a motor vehicle adapted to carry more than eight passengers,] has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to—
(a)[F2a vehicle examiner],
(b)a person authorised with the consent of the Secretary of State to act for the purposes of this subsection by—
(i)a highway authority other than the Secretary of State, or
(ii)a local roads authority in Scotland, or
(c)a constable authorised to act for those purposes by or on behalf of a chief officer of police,
that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road [F3or 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].
(2)The person to whom it so appears may, whether or not a notice is given under section [F469(6)] of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until—
(a)that weight is reduced to that limit [F5or, as the case may be, so that it is no longer excessive], and
(b)official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.
(3)The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.
(4)Official notification for the purposes of subsection (2) above—
(a)must be in writing and be given by [F6a vehicle examiner], a person authorised as mentioned in subsection (1) above or a constable authorised as so mentioned, and
(b)may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.
(5)Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.
Textual Amendments
F1Words in s. 70(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(2)(a); S.I. 1992/1286, art. 2,Sch.
F2Words in s. 70(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(2)(b); S.I. 1992/1286, art. 2,Sch.
F3Words in s. 70(1) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(2)(c); S.I. 1992/1286, art. 2,Sch.
F4Words in s. 70(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(3)(a); S.I. 1992/1286, art. 2,Sch.
F5Words in s. 70(2) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(3)(b); S.I. 1992/1286, art. 2,Sch.
F6Words in s. 70(4) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 13(4); S.I. 1992/1286, art. 2,Sch.
Modifications etc. (not altering text)
C1S. 70 restricted (1.7.1992) by S.I. 1992/1217, reg. 7 (with reg. 11).
S. 70 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)