Road Traffic (Consequential Provisions) Act 1988

Section 4.

SCHEDULE 3U.K. Consequential Amendments

The Thames Embankment Act 1862 (c. 93.)U.K.

1U.K.Section 41 of the Thames Embankment Act 1862 does not apply to motor tractors, heavy motor cars, motor cars, motor cycles or invalid carriages but, subject to that, nothing in the Traffic Acts affects the provisions of that section.

The Road Traffic Act 1960 (c. 16.)U.K.

2F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)In section 244 of that Act, for the words from “this Act” to “may be brought” there is substituted “ or an offence under section 235 of this Act or an offence under section 99(5) of the Transport Act 1968 may be brought ”.

(3)For section 247(2) of that Act there is substituted—

“(2)There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder.”

The Criminal Justice Act 1967 (c. 80.)U.K.

F23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Appeal Act 1968 (c. 19.)U.K.

4(1)In section 31(2A) of the Criminal Appeal Act 1968, for “section 94A(2) of the Road Traffic Act 1972” there is substituted “ section 40(2) of the Road Traffic Offenders Act 1988 ”.U.K.

(2)In section 44(2) of that Act, for “section 94A(3) of the Road Traffic Act 1972” there is substituted “ section 40(3) of the Road Traffic Offenders Act 1988 ”.

The Countryside Act 1968 (c. 41.)U.K.

5U.K.In section 30(5) of the Countryside Act 1968 for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”.

The Transport Act 1968 (c. 73.)U.K.

6F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For section 102(3) of that Act there is substituted—

“(3)Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

(3A)Where a person is convicted of an offence by virtue of subsection (3) above—

(a)no order may be made on his conviction save an order imposing a fine,

(b)payment of any fine imposed on him in respect of that offence may not be enforced against him, and

(c)apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).”

(7)After section 102 of that Act there is inserted—

“102A Exclusion of application to tramcars and trolley vehicles.

(1)This Part of this Act and section 255 of the Road Traffic Act 1960 in its application thereto shall not apply to tramcars or trolley vehicles operated under statutory powers.

(2)In this section “operated under statutory powers” means, in relation to tramcars or trolley vehicles, that their use is authorised or regulated by special Act of Parliament or by an order having the force of an Act.

(3)Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to tramcars or trolley vehicles to which it relates any of the provisions excluded by the said subsection (1).”

(8)In the definition of “plated weight” in section 159(1) of that Act, for “section 40 of the Road Traffic Act 1972 or required to be so marked by section 47 of that Act” there is substituted “ section 41 of the Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act. ”

The Chronically Sick and Disabled Persons Act 1970 (c. 44.)U.K.

7U.K.In section 20(1) of the Chronically Sick and Disabled Persons Act 1970—

(a)in paragraph (b), for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 ”, and

(b)in paragraph (c), for “the sections 68 to 81 of the said Act of 1972” there is substituted “ section 83 of the Road Traffic Act 1988 ”.

The Vehicles (Excise) Act 1971 (c. 10.)U.K.

8F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)In section 5(3) of that Act—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F8. . . F9. . .

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Road Traffic (Foreign Vehicles) Act 1972 (c. 27.)U.K.

9(1)In section 1 of the Road Traffic (Foreign Vehicles) Act 1972—U.K.

(a)in subsection (1)(b), for “section 160 of the Road Traffic Act 1972” there is substituted “ sections 78 and 79 of the Road Traffic Act 1988 ”,

(b)in subsection (3)—

(i)in paragraph (a), for “the said section 160” there is substituted “ the said sections 78 and 79 ” and for “that section” there is substituted “ those sections ”,

(ii)in paragraph (b), for “section 40 of the Road Traffic Act 1972” there is substituted “ section 41 of the Road Traffic Act 1988, F12. . . ”

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 2(3B) of that Act, for “section 58(5A) of the Road Traffic Act 1972” there is substituted “ section 72(9) of the Road Traffic Act 1988 ”.

(3)In section 7(1) of that Act—

(a)in the definition of “authorised person”, for “section 160 of the Road Traffic Act 1972” there is substituted “ section 78 of the Road Traffic Act 1988 ”,

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the definition of “official testing station”, for “section 58(5) of the Road Traffic Act 1972” there is substituted “ section 72(8) of the Road Traffic Act 1988 ”.

(4)In Schedule 1 to that Act, for “Section 53 of the Road Traffic Act 1972” there is substituted “Section 67 of the Road Traffic Act 1988” and for “Section 56 of the Road Traffic Act 1972” there is substituted “ Section 68 of the Road Traffic Act 1988 ”.

(5)In Schedule 2 to that Act, for “Regulations under section 40 of the Road Traffic Act 1972” there is substituted “ Regulations under section 41 of the Road Traffic Act 1988 ”.

The Criminal Justice Act 1972 (c. 71.)U.K.

10U.K.In section 24(3) of the Criminal Justice Act 1972—

(a)in paragraph (a), for “section 101(4) of the Road Traffic Act 1972” there is substituted “ section 27(3) of the Road Traffic Offenders Act 1988 ”, and

(b)in paragraph (b), for “section 95” there is substituted “ section 42 ” and for “subsection (4)” there is substituted “ subsection (5) ” and for “section 105(5) of that Act” there is substituted “ section 47(4) of that Act ”.

The Powers of Criminal Courts Act 1973 (c. 62.)U.K.

F1411E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Greater London Council (General Powers) Act 1974 (c. xxiv.)U.K.

12U.K.In section 15 of the Greater London Council (General Powers) Act 1974—

(a)in subsection (2)(b), for “sections 168, 181 and 183 (which relate to the admissibility of certain evidence) of the Road Traffic Act 1972” there is substituted “ section 172 of the Road Traffic Act 1988 and sections 11 and 12 of the Road Traffic Offenders Act 1988 (duty to give information about drivers and admissibility of certain evidence) ”, and

(b)in the definition of “vehicle” in subsection (12), for “section 36A (which relates to the parking of heavy commercial vehicles) of the Road Traffic Act 1972” there is substituted “ section 19 of the Road Traffic Act 1988 (heavy commercial vehicles) ”.

The International Road Haulage Permits Act 1975 (c. 46.)U.K.

13U.K.In section 1(9) of the International Road Haulage Permits Act 1975—

(a)after “section 56(1) of the Road Traffic Act 1972” there is inserted “ or section 68(1) of the Road Traffic Act 1988 ”, and

(b)for “in the Road Traffic Act 1972” there is substituted “ in the Road Traffic Act 1988 ”.

The Policyholders Protection Act 1975 (c. 75.)U.K.

14(1)In section 6(1)(c) and (2) of the Policyholders Protection Act 1975, for “Part VI of the Road Traffic Act 1972” there is substituted “ Part VI of the Road Traffic Act 1988 ”.U.K.

(2)In section 7(a) of that Act, after “section 149 of the Road Traffic Act 1972” there is inserted “ or section 151 of the Road Traffic Act 1988 ”.

(3)In section 9(3) of that Act, after “section 149 of the Road Traffic Act 1972” there is inserted “ section 151 of the Road Traffic Act 1988 ”.

The Finance Act 1976 (c. 40.)U.K.

F1515E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57.)U.K.

16(1)In section 48(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, for “Part VI of the Act of 1972” there is substituted “ Part VI of the Road Traffic Act 1988 ”.U.K.

(2)In section 50 of that Act—

(a)in subsection (3), for “section 25 of the Act of 1972” there is substituted “ section 170 of the Road Traffic Act 1988 ”, and

(b)in subsection (4), for “Part VI of the Act of 1972” there is substituted “ Part VI of the Road Traffic Act 1988 ”.

(3)In section 51(1)(b) of that Act, for “Part III of the Act of 1972” there is substituted “ Part III of the Road Traffic Act 1972 or Part III of the Road Traffic Act 1988 ”.

(4)In section 59(1)(b) of that Act, for “Part III of the Act of 1972” there is substituted “ Part III of the Road Traffic Act 1972 or Part III of the Road Traffic Act 1988 ”.

The Energy Act 1976 (c. 76.)U.K.

17U.K.In Schedule 1 to the Energy Act 1976—

(a)in paragraph 1(2), for “made under section 40 of the Road Traffic Act 1972” there is substituted “ made or having effect as if made under section 41 of the Road Traffic Act 1988 ”,

(b)in paragraph 4(1), for “section 143 of the Road Traffic Act 1972” there is substituted “ section 143 of the Road Traffic Act 1988 ” and for “Part VI of the 1972 Act” there is substituted “ Part VI of the 1988 Act ”, and

(c)in paragraph 4(2), for “section 162 or 166 of the Road Traffic Act 1972” there is substituted “ section 165 or 170 of the Road Traffic Act 1988 ”.

The National Health Service Act 1977 (c. 49.)U.K.

F1618U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Competition Act 1980 (c. 21.)U.K.

F1719U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43.)U.K.

F1820E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Highways Act 1980 (c. 66.)U.K.

21(1)In the definition of “motor vehicle” in section 115(8) of the Highways Act 1980, for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”.U.K.

(2)In the definition of “cycle track” in section 329(1) of that Act, for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”.

(3)In Schedule 4 to that Act—

(a)for “section 40 of the Road Traffic Act 1972” there is substituted “ section 41 of the Road Traffic Act 1988 ”,

(b)for “section 42(1) of the Road Traffic Act 1972” (in the first and second places where it appears) there is substituted “ section 44(1) of the Road Traffic Act 1988 ”,

(c)for “order under section 42(1) of the Road Traffic Act 1972” there is substituted “ order made, or having effect as if made, under section 44(1) of the Road Traffic Act 1988 ”, and

(d)for “the Road Traffic Act 1972” (in the last place where it appears) there is substituted “ the Road Traffic Act 1988 ”.

The Public Passenger Vehicles Act 1981 (c. 14.)U.K.

F1922U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Attempts Act 1981 (c. 47.)U.K.

23U.K.In section 9(5) of the Criminal Attempts Act 1981, for “section 190(1) of the Road Traffic Act 1972” there is substituted “ section 185(1) of the Road Traffic Act 1988 ”.

The Criminal Justice Act 1982 (c. 48.)U.K.

24U.K.In Schedule 1 to the Criminal Justice Act 1982, at the end of Part II there is inserted—

“ The Road Traffic Act 1988 (c. 52)U.K.

Section 1 (causing death by reckless driving).”

The Road Traffic Regulation Act 1984 (c. 27.)U.K.

25(1)In section 21(1) of the Road Traffic Regulation Act 1984, for “section 40 of the Road Traffic Act 1972” there is substituted “ section 41 of the Road Traffic Act 1988 ”.U.K.

(2)In section 61(3) of that Act, for “section 196(1) of the Road Traffic Act 1972” there is substituted “ section 192(1) of the Road Traffic Act 1988 ”.

(3)In section 64(5) of that Act, for “section 22 of the Road Traffic Act 1972” there is substituted “ section 36 of the Road Traffic Act 1988 ”.

(4)In section 66(1)(b) of that Act, for “section 20(4) of the Road Traffic Act 1972” there is substituted “ section 31(4) of the Road Traffic Act 1988 ”.

(5)In section 67(2) of that Act, for “section 22 of the Road Traffic Act 1972” there is substituted “ section 36 of the Road Traffic Act 1988 ”.

(6)In section 96(2) of that Act, for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”, and—

(a)in paragraph (c)(i) for “sections 22 and 23” there is substituted “ sections 35(1), 36 and 37 ”,

(b)in paragraph (c)(ii) for “section 159” there is substituted “ section 163 ”,

(c)in paragraph (c)(iii) for “section 161(1) and (4)” there is substituted “ section 164(1), (2) and (6) ” and at the end there is inserted “ and ”,

(d)in paragraph (c)(iv) for “sections 162 and 165” there is substituted “ sections 165 and 169 ”, and

(e)for paragraph (c)(v) and (d) there is substituted—

“(d)section 11 of the Road Traffic Offenders Act 1988”.

(7)In section 96(3) of that Act—

(a)for “the Road Traffic Act 1972, namely, sections 159, 161(1) and (4) and 162” there is substituted “ the Road Traffic Act 1988, namely, sections 163, 164(1), (2) and (6) and 165 ”,

(b)in subsection (3)(b) for “section 162 of the Road Traffic Act 1972” there is substituted “ section 165 of the Road Traffic Act 1988 ”, and

(c)in subsection (3)(c) for “section 159 of that Act” there is substituted “ section 163 of the Road Traffic Act 1988 ”.

(8)In section 138(3) of that Act, for “section 40 of the Road Traffic Act 1972” there is substituted “ section 41 of the Road Traffic Act 1988 ”.

(9)In section 140(1)(b) of that Act, for “section 193 of the Road Traffic Act 1972” there is substituted “ section 189 of the Road Traffic Act 1988 ”.

(10)In paragraph 2 of Part IV of Schedule 6 to that Act—

(a)in the definition of “construction and use requirements” for “section 40(7) of the Road Traffic Act 1972” there is substituted “ section 41(7) of the Road Traffic Act 1988 ”, and

(b)in the definition of “goods vehicle” for “section 196(1) of the Road Traffic Act 1972” there is substituted “ section 192(1) of the Road Traffic Act 1988 ”.

(11)In paragraph 2(2) of Schedule 12 to that Act—

(a)in paragraph (a) for “(as defined by section 82 of the Road Traffic Act 1972)” there is substituted “ (that is, the time between half-an-hour after sunset and half-an-hour before sunrise) ”, and

(b)in paragraph (e) for “section 40(5) of the Road Traffic Act 1972” there is substituted “ section 42(1) of the Road Traffic Act 1988 ” and for “Part III of that Act” there is substituted “ the Road Traffic Offenders Act 1988 ”.

The Cycle Tracks Act 1984 (c. 38.)U.K.

26U.K.In the definition of “motor vehicle” in section 8(1) of the Cycle Tracks Act 1984, for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”.

The Police and Criminal Evidence Act 1984 (c. 60.)U.K.

27(1)In section 4(2) of the Police and Criminal Evidence Act 1984, for “section 159 of the Road Traffic Act 1972” there is substituted “ section 163 of the Road Traffic Act 1988. ”U.K.

(2)In section 34(6) of that Act, for “section 7(5) of the Road Traffic Act 1972” there is substituted “ section 6(5) of the Road Traffic Act 1988 ”.

(3)In section 36(6)(d) of that Act, for “section 8 of the Road Traffic Act 1972” there is substituted “ sections 7 and 8 of the Road Traffic Act 1988 ”.

(4)In section 62(11) of that Act, for “sections 5 to 12 of the Road Traffic Act 1972” there is substituted “ sections 4 to 11 of the Road Traffic Act 1988 ”.

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Elections (Northern Ireland) Act 1985 (c. 2.)U.K.

28U.K.In section 1(1E)(a) of the Elections (Northern Ireland) Act 1985, after “Part III of the Road Traffic Act 1972” there is inserted “ or Part III of the Road Traffic Act 1988 ”.

The Sexual Offences Act 1985 (c. 44.)U.K.

F2129U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1985 (c. 51.)U.K.

30U.K.In paragraph 20 of Schedule 13 to the Local Government Act 1985, for “section 144(2)(a) of the Road Traffic Act 1972” there is substituted “ section 144(2)(a) of the Road Traffic Act 1988 ”.

The Transport Act 1985 (c. 67.)U.K.

31U.K.In paragraph 3(a) of Schedule 7 to the Transport Act 1985, for “section 43 of the Road Traffic Act 1972” there is substituted “ section 45 of the Road Traffic Act 1988 ”.

The Finance Act 1986 (c. 41.)U.K.

F2232E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Motor Cycle Noise Act 1987 (c. 34.)U.K.

33U.K.In section 1(2)(a) of the Motor Cycle Noise Act 1987, for “made under section 40 of the Road Traffic Act 1972” there is substituted “ made or having effect as if made under section 41 of the Road Traffic Act 1988 ”.

The Criminal Justice (Scotland) Act 1987 (c. 41.)U.K.

F2334S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consumer Protection Act 1987 (c. 43.)U.K.

35U.K.In the definition of “motor vehicle” in section 45 of the Consumer Protection Act 1987, for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ”.

The Norfolk and Suffolk Broads Act 1988 (c. 4.)U.K.

36U.K.In paragraph 9 of Schedule 6 to the Norfolk and Suffolk Broads Act 1988, for “section 144 of the Road Traffic Act 1972” there is substituted “ section 144 of the Road Traffic Act 1988 ”.

The Coroners Act 1988 (c. 13.)U.K.

37F24(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 18(3) of that Act, for “section 27 of the Road Traffic Act 1972” there is substituted “ section 182 of the Road Traffic Act 1988 ”.

The Motor Vehicles (Wearing of Rear Seat Belts by Children) Act 1988(c. 23.)U.K.

38U.K.In section 2 of the Motor Vehicles (Wearing of Rear Seat Belts by Children) Act 1988, for “this Act” there is substituted “ section 15(3) of the Road Traffic Act 1988 ”.

The Criminal Justice Act 1988 (c. 33.)U.K.

39U.K.In section 40 of the Criminal Justice Act 1988, in subsection 3(c) for “section 99(b) of the Road Traffic Act 1972” there is substituted “ section 103(1)(b) of the Road Traffic Act 1988 ”.