Road Traffic Act 1988

39 Powers of Secretary of State and local authorities as to giving road safety information and training. E+W+S

(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.

[F1 (2) Each relevant authority—

(a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

(b) if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.]

(3) [F2 Each relevant authority—]—

(a) must carry out studies into accidents arising out of the use of vehicles

[F3 (i) if it is a local authority,] on roads or parts of roads, other than [F4 GLA roads or][F5 roads for which the Secretary of state is highway authority (in Scotland, roads authority)] within their area [F6 or

(ii) if it is Transport for London, on GLA roads or parts of GLA roads,]

(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 [F7 roads for the maintenance of which they are responsible] 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.

[(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—

(a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

(b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.]

(4) In this section

• [F8 “GLA road” has the same meaning as in the M1 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);]

• “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 [F9 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

• [F10 “relevant authority” means a local authority or Transport for London;].

Textual Amendments

F1 S. 39(2) substituted (3.7.2000) 1999 c. 29, s. 279(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F2 Words in s. 39(3) substituted (3.7.2000) by 1999 c. 29, s. 279(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F3 Words in s. 39(3)(a) renumbered as s. 39(3)(a)(i) (3.7.2000) by 1999 c. 29, s. 279(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F4 Words in s. 39(3)(a) inserted (3.7.2000) by 1999 c. 29, s. 279(4)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F5 Words in s. 39(3)(a) substituted (1.11.1991) by New Roads and Streets Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 121(3)(a)(with s. 25(2)) ; S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)

F6 S. 39(3)(ii) and word added (3.7.2000) by 1999 c. 29, s. 279(4)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F7 Words in s. 39(3)(b) substituted (1.11.1991) by New Roads and Streets Works Act 1991 (c. 22, SIF 107:1), s. 168(1), Sch. 8 para. 121 (3)(b)(with s. 25(2)); S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)

F8 Definition of “GLA roads" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

F9 Words in s. 39(4)(b) substituted (S.) (1.4.1996) by 1994 C. 39, s. 180(1), Sch. 13 para. 159(4); S.I. 1996/323, art. 4(1)(b)(c)

F10 Definition of “relevant authority" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

Modifications etc. (not altering text)

C1 S. 39: transfer of functions (1.7.1999) by 1998 c. 46, ss. 53, 56(1)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

C2 S. 39 modified (E.W.) (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 17

C3 S. 39(1): functions exercisable by the Assembly are to run concurrently with the Secretary of state (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1998/3178, art. 2(1)

C4 S. 39(1): functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C5 S. 39(2)(3): functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 10

C6 S. 39(2)(3): functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 5

C7 S. 39(2)(3): functions made exercisable concurrently (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 16

C8 S. 39(2)(3): functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 23 (with art. 9)

Marginal Citations

M1 1980 c. 66.