Road Traffic Act 1960

1960 CHAPTER 16 8 and 9 Eliz 2

An Act to consolidate, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949, certain enactments relating to road traffic.

[22nd March 1960]

Modifications etc. (not altering text)

C1 Act amended (London) by London Government Act 1963 (c. 33), s. 9(6)

C2 Act amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)

Part I E+W+S

1—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1—116 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Part II E+W+S

97—116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 1—116 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Part III E+W+S

117—163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 117—163 repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

Part IV E+W+S

164—182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 Ss. 164—182 repealed by Transport Act 1968 (c. 73), s. 93, Sch. 18 Pt. IV

183—185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 Ss. 183—185 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 S. 186 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. III

187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 S. 187 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 188 repealed by Transport Act 1968 (c. 73), Sch. 18 Pts. III, IV

189—191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 Ss. 189—221 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Part V E+W+S

192—200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 Ss. 189—221 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Part VI E+W+S

201—216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 Ss. 189—221 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Part VII E+W+S MISCELLANEOUS AND GENERAL

217—221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

Textual Amendments

F12 Ss. 189—221 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W+S

Textual Amendments

F13 S. 222 repealed by Road Traffic Regulation Act 1967 (c. 76), Sch. 7 Pt. I

223—224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W+S

Textual Amendments

F14 Ss. 223—231 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Production of Documents and Furnishing of Information E+W+S

225—231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W+S

Textual Amendments

F15 Ss. 223—231 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

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 [F17 any offence under section 60 . . . F18 of the M1 Transport Act 1968]

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

[F20 (f) to any offence under Part VI of the M2 Transport Act 1968]

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

(a) the [F21 person 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 [F24 to a fine not exceeding [F25 level 3 on the standard scale]].

Textual Amendments

F16 S. 232(1)(a) repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

F17 Words substituted by Transport Act 1968 (c. 73), s. 94(8), Sch. 10 Pt.II

F18 Words repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II

F19 S. 232(1)(c)—(e) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F20 S. 232(1)(f) added by Transport Act 1968 (c. 73), Sch. 11

F21 Words substituted by Vehicle and Driving Licences Act 1969 (c. 27), Sch. 2 para. 8

F22 S. 232(a)(ii) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7

F23 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F24 Words substituted by Road Traffic Act 1962 (c. 59), Sch. 1 Pt. III

F25 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C3 S. 232(3) amended by Transport Act 1980 (c. 34). s. 42(1)(2)(b)(iii)

Marginal Citations

M1 1968 c. 73.

M2 1968 c. 73.

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 [F27 Part V of the M3 Transport Act 1968], a vehicle is to be identified as being an authorised vehicle within the meaning of [F27 the said Part V];

(d) any document evidencing the appointment of an examiner or other officer for the purposes of [F27 Part 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]

Textual Amendments

F26 S. 233(1)(b) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F27 Words substituted by virtue of Transport Act 1968 (c. 73), Sch. 10 Pt. II

F28 S. 233(1)(e)—(h) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F29 Words substituted by Forgery and Counterfeiting Act 1981 (c. 45), s. 12

F30 S. 233(3)(b) substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 2(1)

Modifications etc. (not altering text)

C4 S. 233 amended by S.I. 1984/176, reg. 36(9)

C5 S. 233(1)(a)(c)(d) amended by Transport Act 1968 (c. 73), Sch. 10 Pt. I

Marginal Citations

M3 1968 c. 73.

234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W+S

Textual Amendments

F31 S. 234 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

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 [F35 to a fine not exceeding [F36 level 4 on the standard scale]].

Textual Amendments

F32 S. 235(1)(d) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F33 Ss. 235(2), 236–238 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F34 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F35 Words substituted by Road Traffic Act 1974 (c. 50), s. 21(1), Sch. 5 Pt. I

F36 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C6 Unreliable marginal note

C7 S. 235(1) amended by Transport Act 1968 (c. 73), Sch 10 Pt. I; S.I. 1984/176, reg. 36(9)

236—238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W+S

Textual Amendments

F37 Ss. 235(2), 236–238 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

239 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W+S

Textual Amendments

F38 S. 239 repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 E+W+S

Textual Amendments

F39 S. 240 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

Legal Proceedings and Destination of Fines E+W+S

241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 E+W+S

Textual Amendments

F40 S. 241 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

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 [F41 or used] by, or belonged to, that person on a particular occasion; or

(b) that a particular motor vehicle [F42 on 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 [F42 on 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, [F41 or 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.

Textual Amendments

F41 Words inserted by Road Traffic Act 1962 (c. 59), Sch. 4 Pt. I and continues to have effect (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 2 para. 8

F42 Words substituted by Road Traffic Act 1962 (c. 59), Sch. 4 Pt. I and continues to have effect (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 2 para. 8

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 M4 Peace 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.

Marginal Citations

M4 1949 c. 101.

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 [F44 or 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 [F45 from 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.

Textual Amendments

F43 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F44 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 2(2)

F45 Words substituted by Vehicle and Driving Licences Act 1969 (c. 27), Sch. 2 para. 11

245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W+S

Textual Amendments

F46 S. 245 repealed by Road Traffic Act 1962 (c. 59), Sch. 5

246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 E+W+S

Textual Amendments

F47 S. 246 repealed by Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 8

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.]

Textual Amendments

F48 S. 247(1) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F49 S. 247(2) substituted by virtue of Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 2(3)

Inquiries E+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 or sections 9, 14, 15 or 20(2) of the M5 London Government Act 1963][F51 [F52 or section 23A of the M6 Transport (London) Act 1969]]: . . . F53

Textual Amendments

F50 Word substituted by Road Traffic Regulation Act 1967 (c. 76), Sch. 6

F51 Words inserted by Transport Act 1980 (c. 34), s. 43, Sch. 5 Pt. I para. 13

F52 Words repealed (E.W.) (with saving) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(2)(3)(b), Sch. 5 para. 10(8), Sch. 7

F53 Proviso repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

Modifications etc. (not altering text)

C8 S. 248 amended by Transport Act 1968 (c. 73), Sch. 10 Pt. I

Marginal Citations

M5 1963 c. 33.

M6 1969 c. 35.

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 [F55 thirty 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 [F56 to a fine not exceeding [F57 level 3 on the standard scale]].

Textual Amendments

F54 Words repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

F55 Words substituted by S.I. 1968/656, Sch.

F56 Words substituted by Transport Act 1980 (c. 34), s. 40, Sch. 4

F57 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C9 S. 249 amended by Transport Act 1968 (c. 73), Sch. 10 Pt. I

S. 249 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C10 S. 249 extended (1.1.1996) by 1995 c. 23, s. 56 (with ss. 54, 55); S.I. 1995/2181, art. 2

C11 Power to amend s. 249(1)(d) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5, Sch. 3

250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 E+W+S

Textual Amendments

F58 S. 250 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

251 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59 E+W+S

Textual Amendments

F59 S. 251 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

Interpretation E+W+S

252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 E+W+S

Textual Amendments

F60 S. 252 repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

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:

Provided that a side-car attached to a motor cycle shall, if it complies with such conditions as may be specified in regulations made by the Minister, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.

(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 [F61 3050 kilograms];

(b) if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed [F61 3050 kilograms], or [F61 3500 kilograms] if the vehicle carries a container or containers for holding for the purpose of its propulsion any fuel which is wholly gaseous at [F62 17·5 degrees Celsius] under a pressure of [F62 1·13 bar] or plant and materials for producing such fuel;

(c) does not exceed [F61 2540 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 [F61 2540 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 [F61 410 kilograms].

(5) In this Act “invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed [F61 254 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 [F61 7370 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 [F61 11,690 kilograms] but does exceed [F61 7370 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 [F61 11,690 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 [F63 section 86 of the Road Traffic Regulation Act 1984] shall be construed as limiting the powers conferred by this subsection.

Textual Amendments

F61 Words substituted by S.I. 1981/1373, reg. 2, Sch. Pt. I

F62 Words substituted by S.I. 1981/1374, Sch.

F63 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 1

254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64 E+W+S

Textual Amendments

F64 Ss. 254, 256 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

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.

Textual Amendments

F65 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Modifications etc. (not altering text)

C12 S. 255 amended by Transport Act 1968 (c. 73), Sch. 10 Pt. I, Sch. 11

256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66 E+W+S

Textual Amendments

F66 Ss. 254, 256 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

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;

• “fares” includes sums payable in respect of a contract ticket or a season ticket;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

• “magistrates’ court” and “petty sessions area” have the same meanings as in [F70 the M7 Magistrates’ Courts Act 1980];

• “the Minister” means [F71 the 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;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

• “tramcar” includes any carriage used on any road by virtue of an order made under the M8 Light Railways Act 1896;

• “trolley vehicle” means a mechanically propelled vehicle adapted for use upon roads without rails and moved by power transmitted thereto from some external source;

. . . 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.

Textual Amendments

F67 Definitions repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I, Road Traffic Regulation Act 1967 (c. 76), Sch. 7, Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I and Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F68 Words repealed by Road Traffic Regulation Act 1967 (c. 76), Sch. 7 and Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F69 Definitions repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I and Transport Act 1980 (c. 34), Sch. 9 Pt. I

F70 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 35

F71 Words substituted by virtue of S.I. 1981/238, art. 3(4)

F72 Definition repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

F73 Definition commencing “ “road” has the same” substituted (S.) for definition commencing “ “road”means” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 53

F74 Words repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

Marginal Citations

M7 1980 c. 43.

M8 1896 c. 48.

258 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 E+W+S

Textual Amendments

F75 S. 258 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

259 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W+S

Textual Amendments

F76 S. 259 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

260 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77 E+W+S

Textual Amendments

F77 S. 260 repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

Supplementary E+W+S

261, 262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78 E+W+S

Textual Amendments

F78 Ss. 261, 262 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

263 Protection of public interests. E+W+S

(1) It is hereby declared that nothing in Part . . . F79 IV . . . 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

Textual Amendments

F79 Words repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

F80 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F81 S. 263(2) repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

Modifications etc. (not altering text)

C13 S. 263(1) amended by Transport Act 1968 (c. 73), Sch. 10 Pts. I, II

264 Consequential amendments of Acts. E+W+S

The enactments specified in the Seventeenth Schedule to this Act shall have effect subject to the amendments respectively specified in relation thereto in that Schedule.

Modifications etc. (not altering text)

C14 The text of s. 264, s. 266 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83 references in any enactment to the licensing authority for goods vehicles shall be construed as references to the licensing authority for the purposes of [F84 Part V of the M9 Transport Act 1968].

Textual Amendments

F82 S. 265(1) repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

F83 Words repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8

F84 Words substituted by Transport Act 1968 (c. 73), s. 94(8), Sch. 10 Pt.II

Modifications etc. (not altering text)

C15 Unreliable marginal note

Marginal Citations

M9 1968 c. 73.

Prospective

266 Repeal of provisions as to use of bridges by locomotives. E+W+S

The following enactments shall cease to have effect, that to say,—

(a) section six of the Locomotive Act, 1861 (which restricts the use of locomotives over suspension and other bridges),

(b) section seven of that Act (which relates to the making good of damage to bridges caused by locomotives or their trailers), and

(c) section seven of the Locomotives Act, 1898 (which enables owners of locomotives to appeal against restrictions on passing over bridges), and section eight of that Act (which prohibits locomotives’ being driven so as to pass one another on bridges).

Modifications etc. (not altering text)

C16 The text of s. 264, s. 266 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

267 General repeals, revocations, savings and transitional provisions. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(2) The saving and transitional provisions contained in the Nineteenth Schedule to this Act shall have effect.

Textual Amendments

F85 S. 267(1), Sch. 18 repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI

268 †Saving for s. 38 of Interpretation Act, 1889. E+W+S

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of [F86 sections 16(1) and 17(2)(a) of the M10 Interpretation Act 1978] (which relate to the effect of repeals).

Textual Amendments

F86 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C17 Unreliable marginal note

Marginal Citations

M10 1978 c. 30.

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.

Modifications etc. (not altering text)

C18 S. 269 amended by Transport Act 1968 (c. 73), Sch. 10 Pt. I

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 [F87 section 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.

Textual Amendments

F87 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

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.

SCHEDULES

F88 F88 FIRST SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 1 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

F89 F89 SECOND, THIRD SCHEDULES E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Schs. 2, 3 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F90 F90 FOURTH TO SEVENTH SCHEDULES E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Schs. 4–7 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

F91 F91 EIGHTH, NINTH SCHEDULES E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Schs. 8, 9 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F92 F92 TENTH SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 10 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

F93 F93 ELEVENTH SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Sch. 11 repealed by Road Traffic Act 1962 (c. 59), Sch. 5

F94 F94 TWELFTH SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94 Sch. 12 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

F95 F95 THIRTEENTH, FOURTEENTH SCHEDULES E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Schs. 13, 14 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. IV

F96 F96 FIFTEENTH, SIXTEENTH SCHEDULES E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96 Schs. 15, 16 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Sections 264 and 265.

SEVENTEENTH SCHEDULE E+W+S Amendments of other Acts

Modifications etc. (not altering text)

C19 The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

. . . F97 E+W+S

Textual Amendments

F97 Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

The Road Traffic Act, 1930 (20 & 21 Geo. 5. c. 43) E+W+S

After subsection (1) of section one hundred and twenty-one (interpretation) there shall be inserted the following subsection:—

“(1A) References in this Act to public service vehicles, contract carriages . . . F98 shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.”.

Textual Amendments

F98 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

The London Passenger Transport Act, 1933 (23 & 24 Geo. 5.c. 14) E+W+S

. . . F99

Textual Amendments

F99 Words repealed by Transport (London) Act 1969 (c. 35), Sch. 6

After subsection (1) of section one hundred and seven (interpretation) there shall be inserted the following subsection:—

“(1A) References in this Act to public service vehicles, stage carriages, express carriages, contract carriages . . . F100 shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.”.

Textual Amendments

F100 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

. . . F101 E+W+S

Textual Amendments

F101 Entry repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

. . . F102 E+W+S

Textual Amendments

F102 Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

. . . F103 E+W+S

Textual Amendments

F103 Entries repealed by Transport Act 1962 (c. 46), Sch. 12

. . . F104 E+W+S

Textual Amendments

F104 Entry repealed by Transport Act 1980 (c. 34), Sch. 9 Pt.I

The Post 0ffice Act, 1953 (1 & 2. Eliz. 2. c. 36) E+W+S

After subsection (1) of section eighty-seven (interpretation) there shall be inserted the following subsection:—

“(1A) In the applicatiion of this Act to Great Britain, references to public service vehicles shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.”.

The Transport Charges &c. (Miscellaneous Provisions) Act, 1954 (2 & 3 Eliz. 2. c. 64) E+W+S

In subsection (1) of section thirteen (interpretation) for the words from “and “public service vehicle”” to the end there shall be substituted the words “and references to public service vehicles, road service licences and trolley vehicles shall be construed in like manner as if they were contained in the Road Traffic Act, 1960.”.

. . . F105 E+W+S

Textual Amendments

F105 Entries repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

. . . F106 E+W+S

Textual Amendments

F106 Entry repealed by Transport Act 1980 (c. 34), Sch. 9 Pt.I

The Highways Act, 1959 (7 & 8 Eliz. 2. c. 25) E+W+S

In subsection (1) of section nineteen (certain trunk roads to be treated as special roads), for the words “the Special Roads Act, 1949 (except subsection (2) of section nine)” there shall be substituted the words “subsection (4) of section nine of the Special Roads, 1949”.

. . . F107

Textual Amendments

F107 Entry repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

EIGHTEENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 S. 267(1), Sch. 18 repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI

NINETEENTH SCHEDULE E+W+S SAVINGS AND TRANSITIONAL PROVISIONS

1 In so far as any order, regulation, rule, scheme, byelaw, advance, agreement, application, appointment, arrangement, declaration, determination, nomination, objection, request, specification or statement made or having effect as if made, authorisation, dispensation, licence or permit granted, approval, certificate, consent, designation, direction or notice issued, given or delivered, condition, prohibition or requirement imposed or attached, classification or backing effected, or other thing done, under an enactment repealed by this Act could have been made, granted, issued, given, delivered, imposed, attached, effected or done under a corresponding provision of this Act, it shall not be invalidated by the repeal effected by section two hundred and sixty-seven of this Act, but shall have effect as if made, granted, issued, given, delivered, imposed, attached, effected or done under that corresponding provision.

2 Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act or to appeals against disqualifications by virtue of convictions for offences so committed or against orders made in consequence of such convictions.

3 Any enactment passed before the passing of this Act referring, whether specifically or by means of a general description, to an enactment repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act, and any document made or issued before the passing of this Act or any time thereafter (whether before or after the commencement of this Act) referring, whether specifically or by means of a general description, to an enactment so repealed shall, unless the contrary intention appears, be similarly construed.

4 (1) Without prejudice to paragraph 1 of this Schedule, any reference in this Act (whether express or implied) to a thing done or made or falling to be done or made, or to a thing suffered, or to an event which has occurred, under or for the purposes of or by reference to a provision of this Act shall, in so far as the context permits, be construed as including a reference to the corresponding thing done or made or falling to be done or made, to the corresponding thing suffered or, as the case may be, to the corresponding event which occurred under, or for the purposes of, or by reference to, the corresponding provision of the enactments repealed by this Act.

(2) The foregoing sub-paragraph shall not apply to any reference in this Act 1 to a conviction . . . F109 .

Textual Amendments

F109 Words repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. IV

F110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5

Textual Amendments

F110 Sch. 19 para. 5 repealed by Road Traffic Act 1962 (c. 59), Sch. 5 and Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

6 Where an offence, being an offence for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the 8 offence had been committed under the corresponding provision of this Act.

F111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7, 8

Textual Amendments

F111 Sch. 19 paras. 7, 8 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

9 Any person appointed to an office under or by virtue of an enactment repealed by this Act shall be deemed to have been appointed to that office under or by virtue of this Act.

10 Any record kept under an enactment repealed by this Act shall be deemed to form part of the record kept under the corresponding provision of this Act.

11 Without prejudice to the generality of the foregoing provisions of this Schedule, anything done by the Minister as respects Scotland before the coming into operation of the M11 Transfer of Functions (Roads, Bridges and Ferries) Order 1955, being a thing done in the exercise of a function to which the entries pertaining to that Order in the third column of Part II of the last foregoing Schedule relate, shall continue to have effect as if done by the Secretary of State or by the Minister and the Secretary of State acting jointly, as the case may be.

Marginal Citations

M11 S.I. 1955/1955 (1951 I, p. 1205).

F112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

12—14

Textual Amendments

F112 Sch. 19 paras. 12—14 repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

F113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

15

Textual Amendments

F113 Sch. 19 para. 15 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

16

Textual Amendments

F114 Sch. 19 para. 16 repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

17 The repeal by this Act of subsection (2) of section forty-six of the M12 Road Traffic Act 1956, shall not affect the validation effected thereby of any scheme for the establishment on a road of crossings for foot passengers, and the repeal by this Act of subsection (3) of that section shall not affect the validation effected thereby of regulations under section eighteen of the M13 Road Traffic Act 1934; but nothing in this paragraph shall affect any proceedings for a contravention of such regulations which were pending at the coming into operation of the said section forty-six.

Marginal Citations

M12 1956 c. 67.

M13 1934 c. 50.

18 Subsection (8) of section forty-six of the M14 Road Traffic Act 1930, shall be deemed always to have had effect as if the reference therein to urban districts had included a reference to boroughs not being county boroughs.

Marginal Citations

M14 1930 c. 43.

19 The repeal by this Act of section one hundred and sixteen of, and the Fourth Schedule to, the Road Traffic Act 1930, or of any enactment amending or otherwise relating to those provisions shall not affect any right to such compensation as is mentioned in that section, and the like provisions as to the determination and payment of such compensation (including provisions as to appeals against a refusal of the grant thereof or as to the amount thereof) shall apply as would have applied if this Act had not passed.

Section 270.

TWENTIETH SCHEDULE E+W+S SPECIAL PROVISIONS AS TO COMING INTO OPERATION OF CERTAIN PROVISIONS OF THIS ACT

Part I E+W+S RELEVANT PROVISIONS

1 E+W+S The provisions of this Act referred to in subsection (1) of section two hundred and seventy thereof are—

(a)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(f) section two hundred and sixty-six.

Textual Amendments

F115 Para. 1(a)(c)—(e) repealed by Road Traffic Act 1962 (c. 59), Sch. 5 and para. 1(b) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. X

Part II E+W+S COMING INTO OPERATION OF RELEVANT PROVISIONS

2—4. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

Textual Amendments

F116 Sch. 20 paras. 2—4, 6 repealed by Road Traffic Act 1962 (c. 59), Sch. 5

5 E+W+S [F117 Section] two hundred and sixty-six of this Act shall . . . F118 come into operation on such day as the Minister may, by order made by statutory instrument, appoint in relation thereto.

Textual Amendments

F117 Word substituted by Road Traffic Regulation Act 1967 (c. 76), Sch. 6

F118 Word repealed by Road Traffic Regulation Act 1967 (c. 76), Schs. 7, 8

Modifications etc. (not altering text)

C20 Power of appointment conferred by para. 5 not exercised

6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

Textual Amendments

F119 Sch. 20 paras. 2-4, 6 repealed by Road Traffic Act 1962 (c. 59), Sch. 5