Road Traffic Regulation Act 1984

64 General provisions as to traffic signs. E+W+S

(1) In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—

(a) specified by regulations made by the Ministers acting jointly, or

(b) authorised by the Secretary of State,

and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.

(2) Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the Secretary of State authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.

[F1 (2A) The functions under this section that are exercisable by the Scottish Ministers instead of the Secretary of State include the function of making regulations under subsection (1)(a) specifying signs for a Scottish national speed limit.

(2B) The function of making such regulations is exercisable only with the agreement of the Secretary of State.

(2C) “Scottish national speed limit” means any of these—

(a) a speed limit that, by virtue of regulations under section 17(2) made by the Scottish Ministers, is to be observed—

(i) on all special roads,

(ii) on all special roads provided for the use of particular classes of traffic,

(iii) on all special roads other than special roads of such description as may be specified in the regulations, or

(iv) as mentioned in sub-paragraph (i), (ii) or (iii) except for such lengths of special road as may be specified in the regulations;

(b) a speed limit that, by virtue of regulations under section 86 or an order under section 88 made by the Scottish Ministers, is to be observed on all roads, on all roads of any class specified in the regulations or order or on all roads other than roads of any class so specified.]

(3) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(4) Except as provided by this Act, no traffic sign shall be placed on or near a road except—

(a) a notice in respect of the use of a bridge;

(b) a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or

(c) a traffic sign placed on any land—

(i) by a person authorised under the following provisions of this Act to place the sign on a [F2 road], and

(ii) for a purpose for which he is authorised to place it on a [F2 road].

(5) Regulations under this section, or any authorisation under subsection (2) above, may provide that [F3 section 36 of the Road Traffic Act 1988] (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.

(6) References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.

[F4 (7) Regulations made by the Scottish Ministers under subsection (1)(a) are subject to the negative procedure.

(8) Before making any regulations under subsection (1)(a) the Scottish Ministers must consult with such representative organisations as they think fit.]

Textual Amendments

F1 S. 64(2A)-(2C) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 21(7), 44(5); S.I. 2012/1710, art. 2(k)

F2 Word in s. 64(4)(c)(i) and (ii) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(21) and substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.47; S.I. 1991/2288, art. 2(2),Sch.

F3 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(3)

F4 S. 64(7)(8) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 21(8), 44(5); S.I. 2012/1710, art. 2(k)

Modifications etc. (not altering text)

C1 S. 64 extended by British Railways Act 1987 (c. xxix), ss. 25, 31(1)(4)

C2 S. 64 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

S. 64 applied (with modifications) (29.3.1993) by 1993 c. iv, s. 25(1)(b)(3)

S. 64 applied (with modifications) (29.3.1993) by 1993 c. iv, s. 26(1)(b)(3)

S. 64: transfer of certain functions (27.12.1999) by S.I. 1999/3143, art. 2(1)

C3 S. 64(1): definition of "traffic sign" applied (S.) (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 43(3) (with ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(2), Sch. 2

S. 64(1): definition of "traffic sign" applied (E.W.) (prosp.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 3(3), 170(1) (with ss. 25(2), 167(2))

C4 S. 64(1)(a): amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3; S.I. 1998/3178, art. 3

C5 S. 64(1)(b)(2): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

C6 S. 64(4) extended (11.11.1996) by S.I. 1996/2714, art. 17(3)

S. 64(4) modified (24.7.2001) by S.I. 2001/3627, art. 18(3)

C7 S. 64(4) modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), art. 18(3) (with arts. 65, 66)

S. 64(4) modified (22.3.2005) by The Midland Metro (Wednesbury to Rierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 20(4) (with art. 51)

S. 64(4) modified (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), art. 15(4)

S. 64(4) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 15(3) (with art. 52)

S. 64(4) modified (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 15(3) (with s. 75)

S. 64(4) modified (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 15(3) (with ss. 76, 84)

C8 S. 64(4) excluded (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 41(1) (with art. 52)

C9 S. 64(4) modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 18(3)