Road Traffic Act 1988

in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

in Scotland, severe physical injury.

the way he drives falls far below what would be expected of a competent and careful driver, and

it would be obvious to a competent and careful driver that driving in that way would be dangerous.

causes serious injury to another person by driving a motor vehicle on a road, and

at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).

in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

in Scotland, severe physical injury.

he is, at the time when he is driving, unfit to drive through drink or drugs, or

he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or

he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or

he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it,F15 or

he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,

drives or attempts to drive a motor vehicle on a road or other public place, or

is in charge of a motor vehicle on a road or other public place,

drives or attempts to drive a motor vehicle on a road or other public place, or

is in charge of a motor vehicle on a road or other public place,

the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

has alcohol or a drug in his body or is under the influence of a drug.

has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

still has alcohol or a drug in his body or is still under the influence of a drug.

is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

has committed a traffic offence while the vehicle was in motion.

an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

at or near the place where the requirement to co-operate with the test is imposed, or

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

observes the person to whom the test is administered in his performance of tasks specified by the constable, and

makes such other observations of the person’s physical state as the constable thinks expedient.

the kind of task that may be specified for the purpose of a preliminary impairment test,

the kind of observation of physical state that may be made in the course of a preliminary impairment test,

the manner in which a preliminary impairment test should be administered, and

the inferences that may be drawn from observations made in the course of a preliminary impairment test.

whether a person is unfit to drive, and

if he is, whether or not his unfitness is likely to be due to drink or drugs.

at or near the place where the requirement to co-operate with the test is imposed, or

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

the giving of approval under subsection (6), and

in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that subsection.

obtained, and

at or near the place where the requirement to co-operate with the test is imposed, or

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or

the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.

the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or

arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.

does not extend to Scotland, and

is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place.

to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or

to provide a specimen of blood or urine for a laboratory test.

the requirement is made at a police station or a hospital,

the requirement is imposed in circumstances where section 6(5) of this Act applies, or

the constable is in uniform.

a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.

the constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required, or

F34specimens of breath have not been provided elsewhere and at the time the requirement is made a device or a reliable device of the type mentioned in subsection (1)(a) above is not available at the police station or it is then for any other reason not practicable to use such a device there, or

a device of the type mentioned in subsection (1)(a) above has been used F36(at the police station or elsewhere) but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or

as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or

the suspected offence is one under F38section 3AF39, 4 or 5A of this Act and the constable making the requirement has been advised by a medical practitioner F40or a registered health care professional that the condition of the person required to provide the specimen might be due to some drug;

the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;

the person fails to provide a specimen of breath when required to do so in pursuance of this section, and

the constable reasonably suspects that the person has alcohol in his body.

that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;

it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

it appears to that constable that that person’s incapacity is attributable to medical reasons.

shall not be made to F46a medical or health care practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

to take a specimen of blood from the person concerned irrespective of whether that person consents; and

to provide the sample to a constable.

has been informed that it was taken; and

has been required by a constable to give his permission for a laboratory test of the specimen; and

has given his permission.

if the requirement is then made, F60it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital, but

if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.

has been notified of the proposal to take the specimen or to make the requirement; and

has not objected on the ground specified in subsection (2).

in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and

in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.

the person's ability to drive properly is impaired,

the proportion of alcohol in the person's breath, blood or urine exceeds the prescribed limit, or

the proportion of a specified controlled drug in the person's blood or urine exceeds the specified limit for that drug.

by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

is sufficient to enable the test or the analysis to be carried out, and

is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

he consents to the taking of such a specimen from him; and

the specimen is taken from him F80... either by a medical practitioner or by a registered health care professional.

is authorised, and

is conducted in accordance with any conditions imposed,

generally, or

as regards any area, or as regards any class or description of competition or trial or any particular competition or trial,

prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

make different provision for different classes or descriptions of competition or trial.

prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;

specify conditions which must be included among those incorporated in authorisations;

provide for authorisations to cease to have effect in prescribed circumstances;

provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations;

make different provisions for different cases.

may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances,

may, for the purpose of implementing the seat belt Directive, authorise the wearing of a seat belt approved under the law of a member State other than the United Kingdom,

shall, for the purpose of implementing the seat belt Directive, include an exception for any person holding a certificate to the like effect as that mentioned in paragraph (b)(iii) above which was issued in a member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this section,

may make any prescribed exceptions subject to such conditions as may be prescribed, and

may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.

it is produced to the constable at the time he is so informed, or

where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

a child is in the front of a motor vehicle other than a bus,

the child is in a rear-facing child restraining device, and

the passenger seat where the child is placed is protected by a front air bag,

a child under the age of three years is in the rear of a motor vehicle, or

a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car,

no seat belt is fitted in the rear of the passenger car, and

a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,

excepting from the prohibition in subsection (1) F97, (3) or (3A) above children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed,

defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of subsection (1) F98or (3A) above or as the rear of the vehicle for the purposes of subsection (3) F98or (3A) above,

prescribing for the purposes of subsection (1) or (3) above the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.

make different provision in relation to different vehicles and different circumstances,

authorise the wearing of a seat belt approved under the law of any member State other than the United Kingdom.

shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt, and

shall, for the purpose of implementing the seat belt Directive, include an exemption for any child holding a certificate to the like effect which was issued in any member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this section,

it is produced to the constable at the time he is so informed, or

where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

appropriate information is provided in relation to it in such manner as may be prescribed, and

inappropriate information is not provided in relation to it.

is not of a type so prescribed, or

is sold or offered for sale in contravention of regulations under this section,

of children not of a class prescribed in relation to equipment of that type, or

of children in motor vehicles not of a class prescribed in relation to equipment of that type,

a restraining device for a child or for a carry-cot, or

equipment designed for use by a child in conjunction with any description of restraining device.

he is in a seat equipped with a seat belt, and

the bus is in motion.

an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;

a sign prominently displayed at each passenger seat equipped with a seat belt.

which is being used to provide a local service (within the meaning of the Transport Act 1985 F108) in a built-up area, or

which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.

may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used, and

may make different provision in relation to different circumstances.

is not of a type so prescribed, or

is otherwise used in contravention of regulations under this section,

with any headgear, or

by being attached to or placed upon the head,

on the verge of a road, or

on any land situated between two carriageways and which is not a footway, or

on a footway,

that it was parked in accordance with permission given by a constable in uniform, or

that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

that it was parked in contravention of this section but the conditions specified in subsection (3) below were satisfied.

that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading, and

that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge, and

that the vehicle was not left unattended at any time while it was so parked.

in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight,

in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle, and

in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.

by substituting weights of a different description for any of the weights there mentioned, or

in the case of subsection (1) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.

that the vehicle was driven or (as the case may be) parked in contravention of that subsection for the purpose of saving life, or extinguishing fire or meeting any other like emergency, or

that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the cycle track or its verges F112, or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,, or

that the vehicle was owned or operated by statutory undertakers and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by those undertakers of any works in relation to any apparatus belonging to or used by them for the purpose of their undertaking.

“cycle track” and other expressions used in this section and in the M4Highways Act 1980 have the same meaning as in that Act,

in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act,

in subsection (2)(c) above “statutory undertakers” means any body who are statutory undertakers within the meaning of the Highways Act 1980, any sewerage authority within the meaning of that Act or the operator of F114an electronic communications code network, and in relation to any such sewerage authority “apparatus” includes sewers or sewerage disposal works.

causes anything to be on or over a road, or

interferes with a motor vehicle, trailer or cycle, or

interferes (directly or indirectly) with traffic equipment,

anything lawfully placed on or near a road by a highway authority;

a traffic sign lawfully placed on or near a road by a person other than a highway authority;

references to a person carried on a bicycle include references to a person riding the bicycle, and

“road” includes bridleway.

to be kept for driving or tending sheep or cattle in the course of a trade or business, or

to have been at the material time in use under proper control for sporting purposes.

prescribing the procedure to be followed in connection with the making of orders under this section, and

requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

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, and

in relation to Scotland, a F119council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

the way he rides falls far below what would be expected of a competent and careful cyclist, and

it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

is authorised, and

is conducted in accordance with any conditions imposed,

of races or trials of speed of any class or description, or

of a particular race or trial of speed,

prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

make different provision for different classes or descriptions of race or trial.

congestion or obstruction of traffic, or

danger to or from traffic,

drives such a pedal cycle, or

knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,

contravenes subsection (1) above, or

fails to comply with any conditions subject to which an authorisation under this section has been granted,

in relation to England and Wales, means the council of a county, metropolitan district or London borough, and

in relation to Scotland, means a F127council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

on any road being a footpath, bridleway or restricted byway,

shown in a definitive map and statement as a road used as a public path, and

in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.

section 193 of the M7Law of Property Act 1925 (rights of the public over commons and waste lands), or

any byelaws applying to any land,

entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

on any road being a footpath, bridleway or restricted byway,

section 193 of the M7Law of Property Act 1925 (rights of the public over commons and waste lands), or

any byelaws applying to any land,

to stop the vehicle, or

to make it proceed in, or keep to, a particular line of traffic,

a traffic survey of any description is being carried out on or in the vicinity of a road, and

of the prescribed size, colour and type, or

of another character authorised by the Secretary of State under the provisions in that behalf of the M9Road Traffic Regulation Act 1984,

the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or

it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;

to be of the prescribed size, colour and type, or of another character authorised by the Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984, and

(subject to subsection (2) above) to have been lawfully so placed,

to stop a vehicle,

to make it proceed in, or keep to, a particular line of traffic, or

to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M14Interpretation Act 1978 (and the reference to the passing or repeal of any such provision accordingly includes the making or revocation of any such provision),

where the proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which they were laid before both Houses, and

in reckoning any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

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

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

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 F147roads 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

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.

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

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

the Secretary of State acting with the approval of the Treasury, or

the National Assembly for Wales.

the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,

the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,

noise,

the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,

the particulars to be marked on motor vehicles and trailers F154(by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked,,

the towing of or drawing of vehicles by motor vehicles,

the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,

lighting equipment and reflectors,

the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),

speed limiters,

for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.

prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles,

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

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

providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under section 49 of this Act.

may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations, and

may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.

as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them,

imposing or providing for the imposition of conditions to be complied with by authorised persons,

as to the withdrawal of authorisations.

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

that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations, and

that no undue hardship or inconvenience will be caused by their application then to those vehicles,

regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight, or

regulations made by virtue of section 41(3) of this Act.

of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials,

of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom,

of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment, and

of vehicles or trailers carrying loads of exceptional dimensions,

specified vehicles, or

vehicles of specified persons,

the extent to which the function is delegated;

any conditions to which the delegation is subject.

for the examination of vehicles submitted for examination under this section, and

for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate") that at the date of the examination the requirements were complied with in relation to the vehicle.

persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),

individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),

examiners appointed under section 66A of this Act

stations where examinations under this section may be carried out, and

apparatus for carrying out such examinations.

vehicles submitted for examination under this section, and

the carrying out of and the results of the examinations.

the authorisation of examiners, the nomination and approval of nominated testers, the appointment and approval of inspectors and the designation of councils in accordance with subsection (3) of that section,

the imposition of conditions to be complied with by the persons referred to in paragraph (a) above,

the circumstances in which a person ceases to be an authorised examiner, a nominated tester or an inspector or in which a council ceases to be designated,

the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,

the supervision of examinations and of the premises at which examinations are carried out,

the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,

the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates and the conditions which must be satisfied before such certificates and notifications may be issued,

the issue of duplicates or copies of test certificates and the fees to be paid on applications for such duplicates or copies,

the correction of errors in test certificates,

the keeping by authorised examiners and designated councils of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, F175...

the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

the keeping of records by authorised examiners and designated councils and the providing by them of returns and information to the Secretary of StateF177, and

the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State.

relating to the successful completion of courses of instruction provided under section 45(6A) of this Act, and

requiring the payment of prescribed fees to the Secretary of State in respect of applications for, or the continuation of, the Secretary of State’s authorisation, approval or designation.

requiring supervision to be provided by individuals who are nominated by authorised examiners or designated councils, in respect of particular premises, and are approved by the Secretary of State (in this subsection referred to as “nominated supervisors”),

as to the imposition of conditions (including conditions described in subsection (2) above) to be complied with by any nominated supervisor, and

as to the circumstances in which a person ceases to be a nominated supervisor.

the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with the regulations, on account of charges that may become payable, and

where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms;

to such persons as the Secretary of State thinks fit, and

for such price and on such other terms, and subject to such restrictions, as he thinks fit;

make different provision in relation to different cases or classes of cases, and

contain such incidental, supplemental or transitional provisions or savings as the Secretary of State thinks fit.

the records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of this Act, and

the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of the M17Vehicle Excise and Registration Act 1994.

to check the accuracy of the records falling within the other paragraph of that subsection, and

where appropriate, to amend or supplement information contained in those records.

the issue of a test certificate in respect of a vehicle, and

the date of issue of such a certificate,

a part of the records maintained under section 45(6B) of this Act,

a copy of a document forming part of those records, or

a note of any information contained in those records,

those first registered F181under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation, not less than three years before that time, and

those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being F182so registered,

a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or

a taxi (as defined in section 64 (3) of the M19Transport Act 1980), being a vehicle licensed to ply for hire, or

an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted,

the use of a vehicle before it is sold or supplied by retail, and

the use of a vehicle to which a motor dealer has assigned a mark under F184section 24 of the Vehicle Excise and Registration Act 1994 before it is registered by the Secretary of State under F185section 21(2) of that Act.

the length of the appropriate period, or

the length of the period specified in section 47(2)(a) and (b) of this Act,

within the appropriate period after a test certificate is issued or treated for the purposes of section 47 of this Act as issued, but

not earlier than one month before the end of that period,

the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate, and

the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of section 47 of this Act as issued;

subsections F187(1A), (2) and (3) above shall have effect as if for “one month” (in F188each place) there were substituted “two months”, and

subsection (3) above shall have effect as if for “last month” there were substituted “last two months”.

for the purpose of selecting or otherwise determining plated weights or other plated particulars for goods vehicles of that class, or

for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class, F190or

for the purpose of ascertaining whether the condition of the vehicle is such that its use on a road would involve a danger of injury to any person,

for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a “plating certificate") specifying those particulars,

for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements F191and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, of a certificate (in this Act referred to as a “goods vehicle test certificate") stating that the vehicle has been found so to comply, and

in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and

in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it.

authorise any examination under the regulations to be carried out by or under the direction of a F196. . . vehicle examiner,

require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State,

authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle,

provide for the period of validity of goods vehicle test certificates,

specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under section 50 of this Act and the information to be supplied and documents to be produced on any such application, examination or appeal,

make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from,

make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates,

provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue,

make provision as to the keeping by persons mentioned in paragraph (ka) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

make provision as to the keeping of records by persons mentioned in paragraph (ka) and the providing by them of returns and information to the Secretary of State,

exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances,

make different provision for different cases.

the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with regulations, on account of charges that may become payable, and

where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms,

provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out,

designate premises as stations where such examinations may be carried out, and

provide and maintain apparatus for the carrying out of such examinations.

uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for examination for plating, or

causes or permits to be used on a road a goods vehicle of such a class,

uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for a goods vehicle test, or

causes or permits to be used on a road a goods vehicle of such a class,

uses a goods vehicle on a road, or

causes or permits a goods vehicle to be so used,

exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and

make provision for the issue in respect of a vehicle in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate.

with respect to the design, construction, equipment and marking of vehicles of any class, being requirements which are applicable before, whether or not they are applicable after, vehicles of that class are used on a road,

with respect to the design, construction, equipment and marking of vehicle parts of any class, being requirements which are applicable before, whether or not they are applicable after, vehicle parts of that class are fitted to a vehicle used on a road.

that the vehicle complies with the relevant type approval requirements, and

that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,

the permitted variations from the type vehicle, and

the design weights for vehicles so conforming in all respects and for vehicles so conforming with any such variations.

who manufactures any part of the vehicle, or

by whom the vehicle is finally assembled;

so much of subsection (2) above or section 57 (1) to (3) of this Act as requires the Secretary of State or a manufacturer to specify in any certificate under this or that section the design weights or plated weights for a vehicle or as requires the Secretary of State or a manufacturer to mark or secure the marking of the plated weights on a vehicle does not apply to a subsequent type approval certificate issued by virtue of subsection (4) above or to the certificates of conformity issued in consequence of such a type approval certificate, and

so much of section 58 (2) of this Act as requires the Secretary of State to specify in any certificate issued by him the design weights and plated weights for a vehicle or to secure that the plated weights are marked on a vehicle does not apply to a Minister’s approval certificate issued by virtue of subsection (4) above.

the inspection by officers of the Secretary of State of vehicles purporting to conform with the type vehicle in the relevant aspects of design, construction, equipment and marking and of parts of such vehicles and their equipment, and the entry of premises where they are manufactured, and

the notification by the manufacturer of differences of design, construction, equipment or marking (other than permitted variations) between any such vehicles and the type vehicle which might affect the type approval requirements or the criteria for determining the design weights of those vehicles.

it appears to the Secretary of State that there has been a breach of a condition subject to which a type approval certificate has been granted, or

the Secretary of State ceases to be satisfied as to any other matter relevant to a type approval certificate,

stating that it does so conform, and

specifying the design weights for the vehicle,

on an application made by any person containing such information as he may require with respect to the proposed circumstances of operation of the goods vehicle, and

on production of that certificate,

if he is required by subsection (1) above to specify any plated weights for the goods vehicle in the certificate, he must mark those weights on the goods vehicle by means of a plate fixed to it, and

in any other case the Secretary of State must on an application for the purpose secure that those weights are so marked.

the vehicle complies with the relevant type approval requirements, and

in the case of a goods vehicle, the Secretary of State has sufficient information to enable the plated weights to be ascertained for the vehicle,

its design weights, and

in the case of a goods vehicle, its plated weights,

a Minister’s approval certificate is given as respects a vehicle, and

in any of the relevant aspects of design, construction, equipment or marking, or

in any such aspect which affects the plated weight,

direct that any specified alteration in any of the aspects mentioned in subsection (1) above to a vehicle to which the direction relates shall be notified to the Secretary of State,

exempt a vehicle to which the notice relates from all or any of the requirements of regulations under subsection (1) above, subject to compliance with any conditions specified in the notice.

the regulations, if any, applicable to the vehicle under subsection (1) above at the time of the issue of the certificate,

any additional alteration to that vehicle required by any direction under subsection (2) above to be notified to the Secretary of State, and

any exemption applicable to that vehicle under that subsection.

shall have the like powers and duties as he has on an original application for a type approval or a Minister’s approval certificate or in respect of the plated weights to be included in a certificate of conformity,

may hold an inquiry in connection with it, and

may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.

may provide for the examination of any vehicle in respect of which a certificate of conformity or a Minister’s approval certificate is in force in the event of an alteration being made to the vehicle which is notifiable by virtue of section 59(1) or (2) of this Act and, in particular, may empower a F204. . . vehicle examiner to require the vehicle to be examined at a testing station provided under section 52, 62 or 72 of this Act,

may authorise the cancellation, suspension or amendment of a certificate of conformity or a Minister’s approval certificate on an examination of any vehicle in pursuance of regulations made by virtue of paragraph (a) above,

shall give a right of appeal to any person aggrieved by a determination on any such examination and for that purpose may apply section 50(1) to (4) of this Act,

may containthe like provisions with respect to any such examination and any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (b), (c), (g) and (h) of section 51(1) of this Act in relation to the examinations and appeals there mentioned;

may require the payment of fees or other charges in connection with the provision by the Secretary of State of services or facilities or the issue by him of certificates and other documents,

may make provision as to the form of, and particulars to be contained in, certificates of conformity and provide for the supply by the Secretary of State of forms for such certificates,

may provide for the issue of replacements for plates fixed to vehicles under sections 54 to 58 of this Act, certificates of conformity and Minister’s approval certificates which have been lost or defaced and provide for the payment of a fee for their issue,

may make different provisions for different cases.

applying, with such adaptations and modifications as he thinks fit, all or any of the provisions of sections 54 to 60 of this Act and of regulations under section 61 of this Act, so far as relating to type approval certificates and certificates of conformity, to vehicles of that description manufactured in that country,

providing that a certificate issued under any such provision as so applied shall be treated for the purposes of any other provisions of this Part of this Act prescribed by the regulations as a type approval certificate or as a certificate of conformity,

providing for the cancellation or suspension (subject to any savings prescribed by the regulations) of any such certificate in the event of the agreement ceasing to be in force or being modified.

it does not appear from one or more certificates then in force under sections 54 to 58 of this Act that the vehicle or vehicle part complies with those requirements,

has been issued for a goods vehicle to which section 53(1) of this Act or subsection (1) above applies, but

does not specify a maximum laden weight for the vehicle together with any trailer which may be drawn by it,

uses a vehicle on a road, or

causes or permits a vehicle to be so used,

the use of vehicles is exempted from all or any of the preceding provisions of this section for purposes specified in the instrument or in such an area as is so specified,

goods vehicles are exempted from the provisions of subsection (2) above, and

there are issued in respect of vehicles or vehicle parts, in such circumstances as may be specified in the instrument, certificates of temporary exemption exempting the vehicles or vehicle parts from the provisions of subsection (1) above for such period as may be provided in the certificate.

specified vehicles, or

vehicles of specified persons;

for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on an examination under regulations made under section 49 or 61 of this Act; and

for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.

may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;

may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 51(1) of this Act in relation to an appeal under section 50(1) and any examination on any such appeal;

may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;

may make provision as to the fees to be paid on any such application;

may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and

may make different provision for different cases.

shall be in the form appropriate for an approval certificate of that description;

shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and

shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certificate as the certificate it replaces;

determined for that vehicle by virtue of sections 49 to 52 of this Act, or

specified in a certificate for that vehicle under section 57(1) or (2) or 58(2) or (5) of this Act,

any person at any time on or after the day appointed by regulations under section 63(1) of this Act supplies a vehicle or vehicle part of a class to which those regulations apply, and

it does not appear from one or more certificates in force at that time under sections 54 to 58 of this Act that the vehicle or vehicle part complies with all the relevant type approval requirements prescribed by those regulations,

sell,

offer to sell or supply, and

expose for sale.

that it was supplied for export from Great Britain,

that he had reasonable cause to believe that it would not be used on a road in Great Britain or, in the case of a vehicle part, that it would not be fitted to a vehicle used on a road in Great Britain or would not be so used or fitted until it had been certified under sections 54 to 58 of this Act, or

that he had reasonable cause to believe that it would only be used for purposes or in any area prescribed by the Secretary of State under section 63(5) of this Act or, in the case of a goods vehicle, under section 53(5) of this Act.

in respect of which no EC certificate of conformity has effect,

sell,

offer to sell or supply, and

expose for sale.

that it was supplied for export from the United Kingdom to a country which is not F220an EEA State, or

to the Crown for naval, military or air force purposes,

for the purposes of the military forces of any country outside the United Kingdom,

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to a F223local policing body or police authority for police purposes, or

to any public authority in F224an EEA State outside the United Kingdom which has responsibilities for maintaining public order.

application is made for a licence under F226the Vehicle Excise and Registration Act 1994 for a vehicle to which section 47 of this Act applies, and

in the case of an application relating to a vehicle to which that section applies by virtue of subsection (2)(b) of that section, it appears from the application that the vehicle has been used on roads (whether in Great Britain or elsewhere) before the date of the application,

there is produced such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) there is produced such a certificate or the Secretary of State is provided with a copy of it, or

the records maintained under section 45(6B) of this Act provide evidence of the granting of an effective test certificate, or

there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under subsection (6), or in an area prescribed under subsection (7), of section 47, or

in the case of an application relating to a vehicle to which section 47 applies by virtue of subsection (2)(b) of that section, the owner of the vehicle declares in writing the year in which the vehicle was manufactured, and the specified period from the date of manufacture has not expired.

on any application, after the relevant date within the meaning of section 53(2), for a licence for a vehicle to which section 53(2) applies, there is produced evidence that an effective goods vehicle test certificate is in force for the vehicle,

on the first application, after the day appointed by regulations made by virtue of section 63(1), for a licence for a vehicle of any class to which those regulations apply, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of this Act from which it appears that the vehicle complies with all the relevant type approval requirements prescribed by those regulations.

this Part of this Act;

the Goods Vehicles (Licensing of Operators) Act 1995;

the Public Passenger Vehicles Act 1981;

the Transport Act 1968;

any other enactment.

the person is a suitable person to exercise the powers of a stopping officer;

the person is capable of effectively exercising those powers; and

the person has received adequate training for the exercise of those powers.