PreliminaryE+W+S
8 Definitions of driver information systems etc.E+W+S
(1)The following provisions shall have effect for the interpretation of this Part of this Act.
(2)Subject to subsection (7) below, “driver information” is information (including guidance and warnings) of use to the drivers of motor vehicles relating to routes for or the position of their vehicles or traffic conditions and “route guidance” is to be construed accordingly.
(3)A “driver information system” is—
(a)a system for the collection, storage and processing of data from which driver information is derived, or
(b)a system for the transmission of data from which driver information is derived, by means of apparatus situated otherwise than in motor vehicles to motor vehicles equipped to receive the transmissions, or
(c)a system for both of the above;
but data is not “collected” unless it is collected from motor vehicles whether or not also from other sources.
(4)A person “operates” a driver information system if (otherwise than as an employee)—
(a)he collects, stores and processes data from which driver information is derived, or
(b)he transmits such data to motor vehicles;
and he operates a driver information system “in relation to” public roads if he collects data from or, as the case may be, transmits data to, motor vehicles on public roads; and related expressions shall be construed accordingly.
(5)“Data” means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose.
(6)The “system apparatus”, in relation to a driver information system, is the apparatus by means of which the system is operated.
(7)The Secretary of State may by order prescribe descriptions of information which is not to be driver information for the purposes of any provision of this Part of this Act.
(8)In this Part of this Act—
(a)“highway authority” is used with reference to England and Wales and has the same meaning as in the M1Highways Act 1980;
(b)“roads authority” is used with reference to Scotland and has the same meaning as in the M2Roads (Scotland) Act 1984; and
(c)“public road” means, with reference to England and Wales, a highway maintainable at the public expense within the meaning of the Highways Act 1980, and, with reference to Scotland, a public road within the meaning of the Roads (Scotland) Act 1984.