Road Traffic Act 1960

Part IE+W+S

1—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Part IIE+W+S

97—116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Part IIIE+W+S

117—163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Part IVE+W+S

164—182.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

183—185.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S

187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S

188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

189—191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

Part VE+W+S

192—200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

Part VIE+W+S

201—216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

Part VIIE+W+S MISCELLANEOUS AND GENERAL

217—221.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S

223—224.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

Production of Documents and Furnishing of InformationE+W+S

225—231.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S

232 Duty to give information as to identity of driver, &c., in certain cases.E+W+S

(1)This section applies—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(b)to [F17any offence under section 60 . . . F18 of the M1Transport Act 1968]

(c)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

[F20(f)to any offence under Part VI of the M2Transport Act 1968]

(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a)the [F21person keeping] the vehicle shall give such information as to the identity of the driver as he may be required to give—

(i)by or on behalf of a chief officer of police,

(ii) . . . F22

and

(b)any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.

In this subsection references to the driver of a vehicle include references to the person riding a bicycle or tricycle (not being a motor vehicle).

(3)A person who fails to comply with the requirement of paragraph (a) of the last foregoing subsection shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle . . . F23, was, and a person who fails to comply with the requirement of paragraph (b) of that subsection shall be guilty of an offence; and a person guilty of an offence under this subsection shall be liable on summary conviction [F24to a fine not exceeding [F25level 3 on the standard scale]].

Forgery, false Statements, &c.E+W+S

233 Forgery of documents, &c. E+W+S

(1)This section applies to the following documents and other things, namely,—

(a)any licence under any Part of this Act;

(b) . . . F26

(c)any document, plate or mark by which, in pursuance of regulations made under [F27Part V of the M3Transport Act 1968], a vehicle is to be identified as being an authorised vehicle within the meaning of [F27the said Part V];

(d)any document evidencing the appointment of an examiner or other officer for the purposes of [F27Part V of the Transport Act 1968];

(e)—(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(2)A person shall be guilty of an offence who, with intent to deceive,—

(a)forges or alters, or uses or lends to, or allows to be used by, any other person, a document or other thing to which this section applies, or

(b)makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive.

In the application of this subsection to England and Wales, [F29“forges” means makes a false document or other thing in order that it may be used as genuine.]

(3)A person guilty of an offence under the last foregoing subsection shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years;

[F30(b)on summary conviction, to a fine not exceeding the statutory maximum]

234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W+S

235†False statements and withholding material information.E+W+S

(1)A person shall be guilty of an offence who knowingly makes a false statement for the purpose—

(a)of obtaining the grant of a licence under any Part of this Act to himself or any other person, or the variation of any such licence; or

(b)of preventing the grant or variation of any such licence; or

(c)of procuring the imposition of a condition or limitation in relation to any such licence.

(d) . . . F32

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(3)A person guilty of an offence under subsection (1) . . . F34 of this section shall be liable on summary conviction [F35to a fine not exceeding [F36level 4 on the standard scale]].

236—238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S

239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S

240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W+S

Legal Proceedings and Destination of FinesE+W+S

241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40E+W+S

242 Evidence by certificate.E+W+S

(1)In any proceedings in England or Wales for an offence to which section two hundred and thirty-two of this Act applies a certificate in the prescribed form, purporting to be signed by a constable and certifying that a person specified in the certificate stated to the constable—

(a)that a particular motor vehicle was being driven [F41or used] by, or belonged to, that person on a particular occasion; or

(b)that a particular motor vehicle [F42on a particular occasion was used by or belonged to] a firm in which that person also stated that he was at the time of the statement a partner; or

(c)that a particular motor vehicle [F42on a particular occasion was used or belonged to] a corporation of which that person also stated that he was at the time of the statement a director, officer or employee,

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven, [F41or used] or to whom it belonged, as the case may be, on that occasion.

(2)Nothing in the foregoing subsection shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

(3)Nothing in subsection (1) of this section shall be deemed to make a certificate admissible as evidence in proceedings for an offence—

(a)unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or

(b)if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice in the prescribed form and manner on the prosecutor requiring attendance at the trial of the person who signed the certificate.

(4)In this section “prescribed” means prescribed by rules made by the Secretary of State by statutory instrument.

243 Proof, in summary proceedings, of identity of driver of vehicle.E+W+S

Where on the summary trial in England or Wales of an information for an offence to which section two hundred and thirty-two of this Act applies—

(a)it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section fifteen of the Justices of the M4Peace Act 1949, that a requirement under subsection (2) of the said section two hundred and thirty-two to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post; and

(b)a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,

the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion.

244 Time for commencing summary proceedings for certain offences.E+W+S

Summary proceedings for an offence under section . . . F43 two hundred and thirty-three of [F44or an offence under section 235 of this Act or an offence under section 99(5) of the Transport Act 1968 may be brought]—

(a)within a period of six months [F45from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.] For the purposes of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46E+W+S

246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47E+W+S

247 Destination of fines.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

[F49(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.]

InquiriesE+W+S

248 General power to hold inquiries. E+W+S

Without prejudice to any other provision of this Act, the Minister or the Secretary of State may hold inquiries for the purposes of this Act F50. . . [F51[F52or section 23A of the M5Transport (London) Act 1969]]: . . . F53

249 General provisions as to inquiries. E+W+S

(1)Where under any of the provisions of this Act . . . F54 an inquiry is held by the Minister or the Secretary of State,—

(a)notice of the inquiry may be given and published in accordance with such general or special directions as the appropriate Minister may give;

(b)the appropriate Minister and, if authorised by him, the person appointed to hold the inquiry, may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law;

(c)the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths;

(d)the appropriate Minister may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding [F55thirty pounds] a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred, and any amount so certified and directed by the appropriate Minister to be paid by any person shall be recoverable from that person, and shall be so recoverable, in England or Wales, either as a debt due to the Crown or by the Minister summarily as a civil debt, and in Scotland by the Secretary of State.

(2)If a person fails without reasonable excuse to comply with any of the provisions of an order under paragraph (b) of the foregoing subsection, he shall be liable on summary conviction [F56to a fine not exceeding [F57level 3 on the standard scale]].

250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W+S

251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W+S

InterpretationE+W+S

252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60E+W+S

253 Interpretation of expressions relating to motor vehicles and classes or descriptions thereof.E+W+S

(1)In this Act “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle:

(2)In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a)if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Minister, does not exceed [F613050 kilograms];

(b)if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed [F613050 kilograms], or [F613500 kilograms] if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel which is wholly gaseous at [F6217·5 degrees Celsius] under a pressure of [F621·13 bar] or plant and materials for producing such fuel;

(c)does not exceed [F612540 kilograms] in a case falling within neither of the foregoing paragraphs.

(3)In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds [F612540 kilograms].

(4)In this Act (except for the purposes of the provisions thereof relating to the provision by parish councils of parking places for bicycles and motor cycles) “motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed [F61410 kilograms].

(5)In this Act “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed [F61254 kilograms] and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person.

(6)In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment, and the weight of which unladen does not exceed [F617370 kilograms].

(7)In this Act “light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen does not exceed [F6111,690 kilograms] but does exceed [F617370 kilograms].

(8)In this Act “heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen exceeds [F6111,690 kilograms].

(9)For the purposes of this section, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.

(10)For the purposes of this section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.

(11)The Minister may by regulations vary any of the maximum or minimum weights specified in the foregoing provisions of this section, and such regulations may have effect either generally or in the case of vehicles of any class or description specified in the regulations and either for the purposes of this Act and of all regulations thereunder or for such of those purposes as may be so specified; and nothing in [F63section 86 of the Road Traffic Regulation Act 1984] shall be construed as limiting the powers conferred by this subsection.

254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64E+W+S

255 Method of calculating weight of motor vehicles. E+W+S

For the purposes of this Act . . . F65, the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.

256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66E+W+S

257 General interpretation provisions.E+W+S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

• “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” shall be construed accordingly;

• F69. . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

• F69. . .

• “the Minister” means [F71the Secretary of State];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

• [F73“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;]

• [F73“road” has the same meaning as in the Roads (Scotland) Act 1984;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

• F69. . .

• F69. . .

. . . F74

(2)References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended by or under any subsequent enactment.

258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75E+W+S

259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76E+W+S

260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77E+W+S

SupplementaryE+W+S

261, 262.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78E+W+S

263 Protection of public interests. E+W+S

(1)It is hereby declared that nothing in Part . . . F79IV . . . F80 of this Act is to be treated as conferring on the holder of a licence granted under any of those Parts any right to the continuance of any benefits arising from, or from a licence granted under, any of those Parts, or from any conditions attached to any such licence.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

F82264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

265†Construction of references in other Acts, &c., to public service vehicles, licensing authorities, &c.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84 references in any enactment to the licensing authority for goods vehicles shall be construed as references to the licensing authority for the purposes of [F85Part V of the M6Transport Act 1968].

F87267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F88268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

269 Saving for law of nuisance. E+W+S

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

270 Commencement.E+W+S

(1)This Act, except the provisions thereof specified in Part I of the Twentieth Schedule thereto, shall come into operation on the first day of September, nineteen hundred and sixty, and notwithstanding [F89section 4 of the Interpretation Act 1978] (which defines “commencement” when used with reference to an Act), references in this Act to the commencement thereof shall be construed as referring to the time at which this Act, except the provisions aforesaid, comes into operation.

(2)The provisions of Part II of the Twentieth Schedule to this Act shall have effect for the purpose of providing for the coming into operation of the provisions of this Act specified in Part I of that Schedule and the provisions of Part III of that Schedule shall have effect for temporarily extending, in the case therein specified, the provisions of section sixty-four of this Act.

271 Short title and extent.E+W+S

(1)This Act may be cited as the Road Traffic Act 1960.

(2)This Act shall not extend to Northern Ireland.