In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority.

In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority.

In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority.

In this Act “local traffic authority” means a traffic authority other than the Secretary of State.

Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

It shall be the duty of F19every local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off F20the highway or, in Scotland the road.

The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.

Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.

The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed.

Any power of the Secretary of State to make an order under or by virtue of any of the following provisions of this Act, namely sections 1, 6, 9, 14, 19, 29, F23 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 shall be exercisable by statutory instrument.

The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.

Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.

A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority.

A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.

The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the M12Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).

The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.

Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.

Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Mayor of London shall keep under review the roads and proposed roads which have junctions with GLA roads or with other roads having such junctions and shall consider the extent to which such roads should be or cease to be GLA side roads.

Where an order under subsection (2) above directs that a road or proposed road shall become a GLA side road, it shall become such a road as from the date specified in that behalf in the order.

Where a GLA side road becomes a GLA road it shall cease to be a GLA side road.

In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road does not include a reference to a GLA side road.

A certificate by or on behalf of Transport for London that any road or proposed road is, or is not, for the time being a GLA side road shall be evidence of the facts stated in the certificate.

A certificate under subsection (1) above may describe the road or proposed road in question by reference to a map.

Transport for London shall prepare and maintain a record of the roads which are for the time being GLA side roads.

Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council of the City of London.

Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council of the City of London, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.

The record prepared and maintained by Transport for London under this section may be combined with the record which it is required to prepare and maintain under section 14C of the Highways Act 1980.

For the purposes of sections 6(1) and (2), 9, 73, 82(2) and 84(1) and (3) of this Act, where any part of the width of a road is in Greater London, the whole width of the road shall be deemed to be in Greater London.

Subject to subsection (1) above, any powers which, under the provisions specified in subsection (3) below, are exercisable by a local authority as respects a road (including powers exercisable by such an authority as highway authority) shall, 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, be exercisable by either authority with the consent of the other.

The provisions referred to in subsection (2) above are sections 1(2), 9, 14, 19(1), 23(1), 29(1), F24 . . .32(1), 57(1) and (2), 68, 82(2) and 84.

In this section “local authority” means the council of a county, F25metropolitan district London borough, parish or community or the Common Council of the City of London or, in relation to section 32(1) of this Act, the council of a district in Wales.

This section does not extend to Scotland.

Any power which is exercisable in relation to any road under the provisions specified in subsection (2) below, otherwise than by virtue of section 125 of this Act, shall be exercisable with respect to the whole or any part of the width of the road.

The provisions referred to in subsection (1) above are sections 9, 67(3), 82, 83, 84, 88 and 92 of this Act.

This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.

For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.

This section does not extend to Scotland.

If a person fails without reasonable excuse to comply with any of the provisions of an order under subsection (1)(b) above, he shall be guilty of an offence.

Where F27a local authority are authorised or required by or under any provision of this Act to hold an inquiry for the purposes of any of their functions, any person appointed by that . . . F28 authority to hold the inquiry shall have the like powers as a person appointed to hold an inquiry to which section 250 of the M5Local Government Act 1972 applies.

Subject to the provisions of this section and section 132 of this Act, the provisions of this Act specified in subsection (2) below shall apply to vehicles and persons in the public service of the Crown.

In relation to vehicles used for naval, military or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown, the Secretary of State may by regulations vary the provisions of any statutory provision imposing a speed limit on motor vehicles; but regulations under this subsection may provide that any variation made by the regulations shall have effect subject to such conditions as may be specified in the regulations.

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The Secretary of State may, with the consent of the appropriate Crown authority or authorities concerned, by order direct that, subject to subsection (3) below and to such exceptions, adaptations and modifications appearing to him to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.

No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) above except by, or with the consent of, the appropriate Crown authority.

With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) above may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into operation of the order.

Any power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be suabject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (1) above shall have effect without prejudice to the provisions of section 132 of this Act in relation to certain Crown roads; and nothing in this section shall prejudice any enactment (in addition to this section and that section) which relates to Crown roads.

In the following provisions of this section, references to a Crown road are references to a Crown road of a description mentioned in subsection (1)(a) or (b) of section 22 of this Act.

Subject to the following provisions of this section, section 1 of this Act, as applied for the purposes set out in section 22(2) of this Act, shall have effect so as to authorise the making of a traffic regulation order as respects any Crown road, and an order (hereafter in this section also referred to as a “traffic regulation order”) may be made under section 22(3) as respects any Crown road.

The consent of the appropriate Crown authority must be given before a traffic regulation order is made by virtue of subsection (2) above as respects a Crown road.

A traffic regulation order made by virtue of subsection (2) above as respects a Crown road shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by the Secretary of State shall require his approval.

If a traffic regulation order is or is to be made by virtue of subsection (2) above as respects a Crown road, F9the traffic authority may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 64 of this Act as F10the traffic authority may consider necessary in connection with the order.

The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, F11and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road , but after consultation with the appropriate Crown authority.

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

The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.

A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.

In this section “Royal Park” means any park to which the M1Parks Regulation Act 1872 applies (see sections 1 and 3 of the M2Parks Regulation (Amendment) Act 1926).

Subsection (3) of section 130 of this Act shall have effect in relation to motor vehicles used for salvage purposes pursuant to Part IV of the M6Merchant Shipping Act 1894 as it has effect in relation to vehicles used for naval, military or air force purposes while being driven as mentioned in that subsection.

In this section “salvage” means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel.

Any power conferred by this Act on the Secretary of State, or on the Ministers acting jointly, to make regulations shall be exercisable by statutory instrument.

Before making any regulations under any provision of this Act except sections F1682(1)(b), 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of State, or the Ministers acting jointly as the case may be, shall consult with such representative organisations as he or they think fit.

A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations made under section 86 or section 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.

No regulations shall be made under section 97 of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

Any power conferred by this Act on the Secretary of State, or on the Ministers acting jointly, to make regulations shall be exercisable by statutory instrument.

Before making any regulations under any provision of this Act except sections F1482(1)(b), 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of State, or the Ministers acting jointly as the case may be, shall consult with such representative organisations as he or they think fit.

A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations made under section 86 F15, 132A or 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.

No regulations shall be made under section 97 of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a district.

Subsection (1) above shall have effect without prejudice to the operation of section 265 of the M3Local Government Act 1972 (which relates to the application of that Act to the Isles of Scilly) or of any order made under that section.

In this Act, subject to section 20 of the M7Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages), “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

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 of which the weight unladen exceeds 2540 kilograms.

In this Act (except for the purposes of section 57) “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms.

In this Act “invalid carriage” means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person.

In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen does not exceed 7370 kilograms.

In subsections (6) and (7) above “excepted articles” means any of the following, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.

A sidecar attached to a motor vehicle shall, if it complies with such conditions as may be specified in regulations made by the Secretary of State, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.

For the purposes of section 136 of this Act, 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.

For the purposes of that 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.

Nothing in section 86 of this Act shall be construed as limiting the powers conferred by subsection (4) above.

Subject to subsections (4) to (7) below, in this Act “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

In this section—

• “articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it;

• “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, or a trailer so constructed or adapted;

• “trailer” means any vehicle other than a motor vehicle;

and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under F32section 41 of the Road Traffic Act 1988 (construction and use regulations).

Different regulations may be made under subsection (4) above for the purposes of different provisions of this Act and 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.

Regulations made under subsection (4) above shall not so amend subsection (1) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7·5 tonnes is a heavy commercial vehicle for any of the purposes of this Act.

In subsection (7) above, “experimental traffic order” does not include an order made in respect of traffic on roads in Greater London.

In this section “hovercraft” has the same meaning as in the M4Hovercraft Act 1968.

Subject to subsection (4) of this section, none of the provisions of this Act specified in subsection (2) below, nor any orders or regulations made under those provisions, shall apply to tramcars or trolley vehicles operated under statutory powers.

The provisions of this Act referred to in subsection (1) above are sections 1 to 5, 14, 18 and 81 to 89.

In this section “operated under statutory powers”, in relation to tramcars and trolley vehicles, means that their use is authorised or regulated by a special Act of Parliament or by an order having the force of an Act.

Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (3) above; and any such Act or order may apply any of the following provisions of this Act, namely, sections 81 to 89, to tramcars or trolley vehicles to which the Act or order relates.

In this section “tramcar” includes any carriage used on any road by virtue of an order under the M8Light Railways Act 1896, and “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source.

The provisions referred to in subsection (1) above are the provisions of sections 1 to 14, 18 and 81 to 89 of this Act.

In this section—

• “special Act” means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles;

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

• “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails under power transmitted to it from some external source (whether or not there is in addition a source of power on board the vehicle).

In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “bridge authority” means the authority or person responsible for the maintenance of a bridge;

• “bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;

• F33“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;

• “designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act) and “designated parking place” means a parking place designated by a designation order;

• “disabled person’s badge” means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the M9Chronically Sick and Disabled Persons Act 1970;

• “disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge;

• “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” and “driving” shall be construed accordingly;

• “excess charge” has the meaning assigned to it by section 46(1) of this Act;

• “experimental traffic order” has the meaning assigned to it by section 9(1) of this Act;

• except in section 71(2) of this Act, “footpath” means a way over which the public has a right of way on foot only;

• F34 . . .

• “initial charge” has the meaning assigned to it by section 46(1) of this Act;

• F34 . . .

• F34 . . .

• “magistrates’ court” and “petty sessions area” have the same meanings as in the M10Magistrates’ Courts Act 1980;

• “the Ministers” means the Secretaries of State charged with general responsibility under this Act in relation to England, Wales and Scotland respectively;

• subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

• F35 “off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;

• “parking device” has the meaning assigned to it by F36section 35(3B) or, as the case may be, section 51(4) of this Act;

• “parking meter” has the meaning assigned to it by section 46(2)(a) of this Act;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• F37“public road” has the same meaning as in the Roads (Scotland) Act 1984;

• “public service vehicle” F38has the same meaning as in the M11Public Passenger Vehicles Act 1981;

• F39 “road”—

  1. a

     in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

  2. b

     in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

• F34 . . .

• F40 “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;

• “statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

• “street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;

• F41“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;

• “traffic sign” has the meaning assigned to it by section 64(1) of this Act; and

• “traffic regulation order” has the meaning assigned to it by section 1 of this Act.

Any reference in this Act to a tricycle shall be construed as including a reference to a cycle which is not a motor vehicle and has 4 or more wheels.

References in this Act to a class of vehicles or traffic (other than the references in section 17) shall be construed as references to a class defined or described by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.

Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

In this section, in its application to England and Wales, “nuisance” means a public or a private nuisance.

The transitional provisions and savings in Schedule 10 to this Act shall have effect.

The enactment in this Act of the provisions specified in the first column of Schedule 11 to this Act (being re-enactments, with or without modifications, of provisions contained in the instruments specified in the corresponding entries in the second column of that Schedule, which were instruments made in the exercise of powers conferred by Acts of Parliament) shall be without prejudice to the validity of those re-enacted provisions; and any question as to their validity shall be determined as if the re-enacted provisions were contained in instruments made in the exercise of those powers.

Subject to subsection (2) below, this Act shall come into force at the end of three months beginning with the date on which it is passed.

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An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.

An order under subsection (2) above shall be made by statutory instrument.

The temporary provisions as to fixed penalties in Schedule 12 to this Act shall have effect.

This Act may be cited as the Road Traffic Regulation Act 1984.

This Act shall not extend to Northern Ireland.