Road Safety Act 2006

Prospective

18 Speed assessment equipment detection devices U.K.

(1) In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles)—

(a) in subsection (2), at the end insert—

“(m) speed assessment equipment detection devices.”, and

(b) in subsection (7), at the end insert—

““speed assessment equipment detection device” means a device the purpose, or one of the purposes, of which is to detect, or interfere with the operation of, equipment used to assess the speed of motor vehicles.”

(2) After section 41B of that Act (breach of requirement as to weight: goods and passenger vehicles) insert—

“41C Breach of requirement as to speed assessment equipment detection devices

A person who—

(a) contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

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

is guilty of an offence.”

(3) In section 42(a) of that Act (breach of other construction and use requirements), for “or 41B(1)(a)” substitute “ , 41B(1)(a), 41C(a) ”.

(4) In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), at the appropriate place insert—

““special road” in England and Wales has the same meaning as in the Highways Act 1980 and in Scotland has the same meaning as in the Roads (Scotland) Act 1984,”.

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

“RTA section 41C

Breach of requirement as to speed assessment equipment detection device.

Sections 11 and 12(1) of this Act.”

(6) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

“RTA section 41C

Breach of requirement as to speed assessment equipment detection devices.

Summarily.

(a) Level 4 on the standard scale if committed on a special road. (b) Level 3 on the standard scale in any other case.

Discretionary.

Obligatory.

3-6 or 3 (fixed penalty).”

(7) In Schedule 3 to that Act (fixed penalty offences), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

“RTA section 41C

Breach of requirement as to speed assessment equipment detection devices.”