Road Traffic Act 1988 (c. 52)

(The document as of February, 2008)

-- Back --

Page 2

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

(a) that the vehicle was driven or (as the case may be) parked in contravention of that subsection for the purpose of saving life, or extinguishing fire or meeting any other like emergency, or

(b) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the cycle track or its verges, or

(c) that the vehicle was owned or operated by statutory undertakers and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by those undertakers of any works in relation to any apparatus belonging to or used by them for the purpose of their undertaking.

(3) In this section--

(a) "cycle track" and other expressions used in this section and in the [1980 c. 66.] Highways Act 1980 have the same meaning as in that Act,

(b) in subsection (2)(c) above "statutory undertakers" means any body who are statutory undertakers within the meaning of the Highways Act 1980, any sewerage authority within the meaning of that Act or the operator of a telecommunications code system (as defined by paragraph 1(1) of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984), and in relation to any such sewerage authority "apparatus" includes sewers or sewerage disposal works.

(4) This section does not extend to Scotland.

22 Leaving vehicles in dangerous positions

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road, he is guilty of an offence.

Other restrictions in interests of safety

23 Restriction of carriage of persons on motor cycles

(1) Not more than one person in addition to the driver may be carried on a two-wheeled motor cycle.

(2) No person in addition to the driver may be carried on a two-wheeled motor cycle otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver's seat.

(3) If a person is carried on a motor cycle in contravention of this section, the driver of the motor cycle is guilty of an offence.

24 Restriction of carriage of persons on bicycles

(1) Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

(2) In this section--

(a) references to a person carried on a bicycle include references to a person riding the bicycle, and

(b) "road" includes bridleway.

(3) If a person is carried on a bicycle in contravention of subsection (1) above, each of the persons carried is guilty of an offence.

25 Tampering with motor vehicles

If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person--

(a) gets on to the vehicle, or

(b) tampers with the brake or other part of its mechanism,

without lawful authority or reasonable cause he is guilty of an offence.

26 Holding or getting on to vehicle in order to be towed or carried

(1) If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.

(2) If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.

27 Control of dogs on roads

(1) A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence.

(2) In this section "designated road" means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated.

(3) The powers which under subsection (2) above are exercisable by a local authority in England and Wales are, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, exercisable by either authority with the consent of the other.

(4) An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above does not apply to dogs proved--

(a) to be kept for driving or tending sheep or cattle in the course of a trade or business, or

(b) to have been at the material time in use under proper control for sporting purposes.

(5) An order under this section shall not be made except after consultation with the chief officer of police.

(6) The Secretary of State may make regulations--

(a) prescribing the procedure to be followed in connection with the making of orders under this section, and

(b) requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

(7) In this section "local authority" means--

(a) in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London, and

(b) in relation to Scotland, a regional or islands council.

(8) The power conferred by this section to make an order includes power, exercisable in like manner and subject to the like conditions, to vary or revoke it.

Cycling offences and cycle racing

28 Reckless cycling

A person who rides a cycle on a road recklessly is guilty of an offence.

In this section "road" includes a bridleway.

29 Careless, and inconsiderate, cycling

If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

In this section "road" includes a bridleway.

30 Cycling when under influence of drink or drugs

(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

(2) In Scotland a constable may arrest without warrant a person committing an offence under this section.

(3) In this section "road" includes a bridleway.

31 Regulation of cycle racing on public ways

(1) A person who promotes or takes part in a race or trial of speed on a public way between cycles is guilty of an offence, unless the race or trial--

(a) is authorised, and

(b) is conducted in accordance with any conditions imposed,

by or under regulations under this section.

(2) The Secretary of State may by regulations authorise, or provide for authorising, for the purposes of subsection (1) above, the holding on a public way other than a bridleway--

(a) of races or trials of speed of any class or description, or

(b) of a particular race or trial of speed,

in such cases as may be prescribed and subject to such conditions as may be imposed by or under the regulations.

(3) Regulations under this section may--

(a) prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

(b) make different provision for different classes or descriptions of race or trial.

(4) Without prejudice to any other powers exercisable in that behalf, the chief officer of police may give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate--

(a) congestion or obstruction of traffic, or

(b) danger to or from traffic,

in consequence of the holding of a race or trial of speed authorised by or under regulations under this section.

(5) Directions under subsection (4) above may include a direction that any road or part of a road specified in the direction shall be closed during the period to vehicles or to vehicles of a class so specified.

(6) In this section "public way" means, in England and Wales, a public highway and, in Scotland, a public road and includes a bridleway but not a footpath.

32 Electrically assisted pedal cycles

(1) An electrically assisted pedal cycle of a class specified in regulations made for the purposes of section 189 of this Act and section 140 of the [1984 c. 27.] Road Traffic Regulation Act 1984 shall not be driven on a road by a person under the age of fourteen.

(2) A person who--

(a) drives such a pedal cycle, or

(b) knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,

in contravention of subsection (1) above is guilty of an offence.

Use of motor vehicles away from roads

33 Control of use of footpaths and bridleways for motor vehicle trials

(1) A person must not promote or take part in a trial of any description between motor vehicles on a footpath or bridleway unless the holding of the trial has been authorised under this section by the local authority.

(2) A local authority shall not give an authorisation under this section unless satisfied that consent in writing to the use of any length of footpath or bridleway for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of footpath or bridleway runs, and any such authorisation may be given subject to compliance with such conditions as the authority think fit.

(3) A person who--

(a) contravenes subsection (1) above, or

(b) fails to comply with any conditions subject to which an authorisation under this section has been granted,

is guilty of an offence.

(4) The holding of a trial authorised under this section is not affected by any statutory provision prohibiting or restricting the use of footpaths or bridleways or a specified footpath or bridleway; but this section does not prejudice any right or remedy of a person as having any interest in land.

(5) In this section "local authority"--

(a) in relation to England and Wales, means the council of a county, metropolitan district or London borough, and

(b) in relation to Scotland, means a regional or islands council.

34 Prohibition of driving motor vehicles elsewhere than on roads

(1) Subject to the provisions of this section, if without lawful authority a person drives a motor vehicle--

(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b) on any road being a footpath or bridleway,

he is guilty of an offence.

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(3) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(4) It is hereby declared that nothing in this section prejudices the operation of--

(a) section 193 of the [1925 c. 20.] Law of Property Act 1925 (rights of the public over commons and waste lands), or

(b) any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

Directions to traffic and to pedestrians and traffic signs

35 Drivers to comply with traffic directions

(1) Where a constable is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses--

(a) to stop the vehicle, or

(b) to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty is guilty of an offence.

(2) Where--

(a) a traffic survey of any description is being carried out on or in the vicinity of a road, and

(b) a constable gives to a person driving or propelling a vehicle a direction--

(i) to stop the vehicle,

(ii) to make it proceed in, or keep to, a particular line of traffic, or

(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),

the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.

36 Drivers to comply with traffic signs

(1) Where a traffic sign, being a sign--

(a) of the prescribed size, colour and type, or

(b) of another character authorised by the Secretary of State under the provisions in that behalf of the [1984 c. 27.] Road Traffic Regulation Act 1984,

has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.

(2) A traffic sign shall not be treated for the purposes of this section as having been lawfully placed unless either--

(a) the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or

(b) it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;

and, where the indication mentioned in paragraph (a) of this subsection is of the general nature only of the prohibition, restriction or requirement to which the sign relates, a person shall not be convicted of failure to comply with the indication unless he has failed to comply with the prohibition, restriction or requirement to which the sign relates.

(3) For the purposes of this section a traffic sign placed on or near a road shall be deemed--

(a) to be of the prescribed size, colour and type, or of another character authorised by the Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984, and

(b) (subject to subsection (2) above) to have been lawfully so placed,

unless the contrary is proved.

(4) Where a traffic survey of any description is being carried out on or in the vicinity of a road, this section applies to a traffic sign by which a direction is given--

(a) to stop a vehicle,

(b) to make it proceed in, or keep to, a particular line of traffic, or

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of the survey).

(5) Regulations made by the Secretary of State for Transport, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the [1988 c. 53.] Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

37 Directions to pedestrians

Where a constable in uniform is for the time being engaged in the regulation of vehicular traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by the constable in the execution of his duty, either to persons on foot or to persons on foot and other traffic, is guilty of an offence.

Promotion of road safety

38 The Highway Code

(1) The Highway Code shall continue to have effect, subject however to revision in accordance with the following provisions of this section.

(2) Subject to the following provisions of this section, the Secretary of State may from time to time revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as he thinks fit.

(3) Where the Secretary of State proposes to revise the Highway Code by making any alterations in the provisions of the Code (other than alterations merely consequential on the passing, amendment or repeal of any statutory provision) he must lay the proposed alterations before both Houses of Parliament and must not make the proposed revision until after the end of a period of forty days beginning with the day on which the alterations were so laid.

(4) If within the period mentioned in subsection (3) above either House resolves that the proposed alterations be not made, the Secretary of State must not make the proposed revision (but without prejudice to the laying before Parliament of further proposals for alteration in accordance with that subsection).

(5) Before revising the Highway Code by making any alterations in its provisions which are required by subsection (3) above to be laid before Parliament, the Secretary of State must consult with such representative organisations as he thinks fit.

(6) The Secretary of State must cause the Highway Code to be printed and may cause copies of it to be sold to the public at such price as he may determine.

(7) A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

(8) In this section "the Highway Code" means the code comprising directions for the guidance of persons using roads issued under section 45 of the [1930 c. 43.] Road Traffic Act 1930, as from time to time revised under this section or under any previous enactment.

(9) For the purposes of subsection (3) above--

(a) "statutory provision" means a provision contained in an Act or in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978 (and the reference to the passing or repeal of any such provision accordingly includes the making or revocation of any such provision),

(b) where the proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which they were laid before both Houses, and

(c) in reckoning any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

39 Powers of Secretary of State and local authorities as to giving road safety information and training

(1) The Secretary of State may, with the approval of the Treasury, provide for promoting road safety by disseminating information or advice relating to the use of roads.

(2) Each local authority must prepare and carry out a programme of measures designed to promote road safety and may make contributions towards the cost of measures for promoting road safety taken by other authorities or bodies.

(3) Without prejudice to the generality of subsection (2) above, in pursuance of their duty under that subsection each local authority--

(a) must carry out studies into accidents arising out of the use of vehicles on roads or parts of roads, other than trunk roads, within their area,

(b) must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of roads for which they are the highway authority (in Scotland, local roads authority) and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads, and

(c) in constructing new roads, must take such measures as appear to the authority to be appropriate to reduce the possibilities of such accidents when the roads come into use.

(4) In this section "local authority" means--

(a) in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London,

(b) in relation to Scotland, a regional or islands council.

40 Powers of Secretary of State to subsidise bodies other then local authorities for giving road safety information and training

The Secretary of State may, with the approval of the Treasury, make out of monies provided by Parliament contributions towards the cost of measures for promoting road safety, being measures taken by authorities or bodies other than local authorities (within the meaning of section 39 of this Act).

Part II Construction and Use of Vehicles and Equipment

General regulation of construction, use etc.

41 Regulation of construction, weight, equipment and use of vehicles

(1) The Secretary of State may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.

Subsections (2) to (4) below do not affect the generality of this subsection.

(2) In particular, the regulations may make provision with respect to any of the following matters--

(a) the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,

(b) the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,

(d) the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,

(e) the particulars to be marked on motor vehicles and trailers,

(f) the towing of or drawing of vehicles by motor vehicles,

(g) the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,

(h) lighting equipment and reflectors,

(j) the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),

(k) the appliances to be fitted for--

(i) signalling the approach of a motor vehicle, or

(ii) enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or

(iii) intimating any intended change of speed or direction of a motor vehicle,

and the use of any such appliance, and for securing that any such appliance is efficient and kept in proper working order,

(l) for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.

(3) The Secretary of State may, as respects goods vehicles, make regulations under this section--

(a) prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles,

(b) providing for the marking on such vehicles of weights of any description or other particulars by means of plates (of any material) fixed to them,

(c) providing for the circumstances in which any particulars which are to be marked on such vehicles are to be so marked,

(d) providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under section 49 of this Act.

(4) Regulations under this section with respect to lighting equipment and reflectors--

(a) may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations, and

(b) may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.

(5) Different regulations may be made under this section as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.

(6) In framing regulations under this section prescribing a weight of any description which is not to be exceeded in the case of goods vehicles of a class for which a certificate of conformity or Minister's approval certificate may be issued under section 57 or 58 of this Act the Secretary of State must have regard to the design weight of the like description determined by virtue of section 54 of this Act for vehicles of that class and must secure that the first-mentioned weight does not exceed the design weight.

(7) In this Part of this Act--

"construction and use requirements" means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under this section,
"plated particulars" means such particulars as are required to be marked on a goods vehicle in pursuance of regulations under this section by means of a plate,
"plated weights" means such weights as are required to be so marked.

42 Offence where regulations are contravened, etc

(1) Subject to subsection (2) below and sections 43 and 44 of this Act, a person who--

(a) contravenes or fails to comply with any regulations under section 41 of this Act, or

(b) uses on a road a motor vehicle or trailer which does not comply with any such regulations or causes or permits a vehicle to be so used,

is guilty of an offence.

(2) In any proceedings for an offence under subsection (1) above in which there is alleged a contravention of or failure to comply with a construction and use requirement relating to any description of weight applicable to a goods vehicle, it shall be a defence to prove either--

(a) that at the time when the vehicle was being used on the road--

(i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or

(ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or

(b) in a case where the limit of that weight was not exceeded by more than 5 per cent.--

(i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and

(ii) that since that time no person has made any addition to the load.

43 Temporary exemption from application of regulations under section 41

(1) Subject to subsections (2) to (4) below, where any regulations under section 41 of this Act contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than five years, as may be specified in the regulations any vehicle of that class registered under the [1971 c. 10.] Vehicles (Excise) Act 1971 before the expiration of one year from the making of the regulations.

(2) No such provision contained in regulations under section 41 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of subsection (1) above or of any other provision of the regulations, to be one relating to the construction of vehicles.

(3) Where regulations under section 41 contain provisions varying the requirements as regards the construction or weight of any class of vehicle, and the Secretary of State is satisfied--

(a) that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations, and

(b) that no undue hardship or inconvenience will be caused by their application then to those vehicles,

then, if the regulations state that the Secretary of State is so satisfied, subsection (1) above shall not apply in relation to those provisions.

(4) Subsection (1) above shall not apply in relation to--

(a) regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight, or

(b) regulations made by virtue of section 41(3) of this Act.

44 Authorisation of use on roads of special vehicles not complying with regulations under section 41

(1) The Secretary of State may by order authorise, subject to such restrictions and conditions as may be specified by or under the order, the use on roads--

(a) of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials,

(b) of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom,

(c) of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment, and

(d) of vehicles or trailers carrying loads of exceptional dimensions,

and nothing in sections 41 and 42 of this Act shall prevent the use of such vehicles, trailers, or types in accordance with the order.

(2) The Secretary of State may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under section 41 of this Act shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in subsection (1) above subject to such modifications or exceptions as may be specified in the order.

(3) The powers conferred by this section on the Secretary of State to make orders shall be exercisable by statutory instrument except in the case of orders applying only to specified vehicles or to vehicles of specified persons, but in that excepted case (as in others) the order may be varied or revoked by subsequent order of the Secretary of State.

Tests of vehicles other than goods vehicles to which section 49 applies

45 Tests of satisfactory condition of vehicles

(1) This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment are complied with.

(2) The Secretary of State may by regulations make provision--

(a) for the examination of vehicles submitted for examination under this section, and

(b) for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a "test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.

(3) Examinations for the purposes of this section shall be carried out by--

(a) persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as "authorised examiners"),

(b) inspectors appointed by the Secretary of State, or

(c) inspectors appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or the council of a region or islands area.

(4) Where a test certificate is refused, the examiner or inspector must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.

(5) On any such appeal the Secretary of State must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

(6) For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain--

(a) stations where examinations under this section may be carried out, and

(b) apparatus for carrying out such examinations.

(7) The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.

(8) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

-- Back --

Stat