Road Traffic Act 1988

SCHEDULES

Sections [F1 15A,]17 and 18.

SCHEDULE 1 E+W+S Supplementary Provisions in Connection with Proceedings for Offences under Sections [F1 15A,] 17 and 18(4)

Textual Amendments

F1 Words in the heading to Sch. 1 inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s.2(1)

Proceedings in England and Wales E+W+S

1 (1) A person against whom proceedings are brought in England and Wales for an offence under section [F2 15A,] 17 or 18(4) of this Act is, upon information duly laid by him and on giving the prosecution not less than three clear days’ notice of his intention, entitled to have any person to whose act or default he alleges that the contravention of that section was due brought before the court in the proceedings. E+W+S

(2) If, after the contravention has been proved, the original accused proves that the contravention was due to the act or default of that other person—

(a) that other person may be convicted of the offence, and

(b) if the original accused further proves that he has used all due diligence to secure that section [F2 15A,]17 or, as the case may be, 18(4) was complied with, he shall be acquitted of the offence.

(3) Where an accused seeks to avail himself of the provisions of sub-paragraphs (1) and (2) above—

(a) the prosecution, as well as the person whom the accused charges with the offence, has the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and

(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party to the proceedings.

Textual Amendments

F2 Words in Sch. 1 para. 1 (1)(2)(b) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(1)

2 (1) Where— E+W+S

(a) it appears that an offence under section [F3 15A,]17 or 18(4) of this Act has been committed in respect of which proceedings might be taken in England and Wales against some person (referred to below in this paragraph as “the original offender”), and

(b) a person proposing to take proceedings in respect of the offence is reasonably satisfied—

(i) that the offence of which complaint is made was due to an act or default of some other person, being an act or default which took place in England and Wales, and

(ii) that the original offender could establish a defence under paragraph 1 of this Schedule,

the proceedings may be taken against that other person without proceedings first being taken against the original offender.

(2) In any such proceedings the accused may be charged with, and on proof that the contravention was due to his act or default be convicted of, the offence with which the original offender might have been charged.

Textual Amendments

F3 Words in Sch. 1 para. 2(1) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(1)

3 (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section [F4 15A,]17 or 18(4) of this Act and it is proved— E+W+S

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

(b) that the accused used all due diligence to secure compliance with that section,

the accused shall, subject to the provisions of this paragraph, be acquitted of the offence.

(2) The accused is not entitled to be acquitted under this paragraph unless within seven days from the date of the service of the summons on him—

(a) he has given notice in writing to the prosecution of his intention to rely upon the provisions of this paragraph, specifying the name and address of the person to whose act or default he alleges that the contravention was due, and

(b) he has sent a like notice to that person.

(3) The person specified in a notice served under this paragraph is entitled to appear at the hearing and to give evidence and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

(4) Where it is proved that the contravention of section [F4 15A,]17 or 18(4) of this Act was due to the act or default of some person other than the accused, being an act or default which took place in Scotland, the court must (whether or not the accused is acquitted) cause notice of the proceedings to be sent to the Secretary of State.

Textual Amendments

F4 Words in Sch. 1 para. 3(1)(4) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(1)

Proceedings in Scotland E+W+S

4 (1) Where a contravention of section [F5 15A,] 17 or 18(4) of this Act committed by a person in Scotland (referred to in this sub-paragraph as “the original offender”) was due to the act or default of any other person, being an act or default which took place in Scotland then, whether or not proceedings are taken against the original offender, that other person may be charged with and convicted of the contravention and shall be liable on conviction to the same punishment as might have been inflicted on the original offender if he had been convicted of the contravention. E+W+S

(2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section [F5 15A,] 17 or 18(4) of this Act proves to the satisfaction of the court—

(a) that he used all due diligence to secure that the provision in question was complied with, and

(b) that the contravention was due to the act or default of some other person,

the accused shall be acquitted of the contravention.

Textual Amendments

F5 Words in Sch. 1 para. 4(1)(2) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(1)

Proceedings in Great Britain E+W+S

5 F6 [(1A) Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 15A of this Act it shall be a defence for the accused to prove— E+W+S

(a) if the offence is under subsection (3)(a) of that section—

(i) that he purchased the equipment in question as being of a type which could be lawfully sold or offered for sale as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles and with a written warranty to that effect;

(ii) that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type; and

(iii) that it was then in the same state as when he purchased it;

(b) if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it did not include appropriate information or included or consisted of inappropriate information—

(i) that the information provided by him was information which had been provided to him with a written warranty to the effect that it was the information required to be provided by him under section 15A of this Act; and

(ii) that he had no reason to believe at the time of the commission of the alleged offence that the information provided by him was not the information required to be provided under that section; or

(c) if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it was not provided in the manner required under that section—

(i) that the information provided by him had been provided to him either with a written warranty to the effect that it was provided to him in the manner in which it was required to be provided by him under that section or with instructions as to the manner in which the information should be provided by him and with a written warranty to the effect that provision in that manner would comply with regulations under that section;

(ii) that he had no reason to believe at the time of the commission of the alleged offence that he was not providing the information in the manner required under that section; and

(iii) that the information was then in the same state as when it was provided to him or, as the case may be, that it was provided by him in accordance with the instructions given to him.]

(1) Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 17 or 18(4) of this Act it shall be a defence for the accused to prove—

(a) that he purchased the helmet or appliance in question as being of a type which—

(i) in the case of section 17, could be lawfully sold or offered for sale under that section, and

(ii) in the case of section 18(4), could be lawfully sold or offered for sale under section 18 as authorised for use in the manner in question,

and with a written warranty to that effect, and

(b) that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type, and

(c) that it was then in the same state as when he purchased it.

(2) A warranty is only a defence in any such proceedings if—

(a) the accused—

(i) has, not later than three clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and

(ii) has also sent a like notice of his intention to that person, and

(b) in the case of a warranty given by a person outside the United Kingdom, the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained in the warranty.

(3) Where the accused is a servant of the person who purchased the [F7 equipment, helmet or appliance in question under a warranty, or to whom the information in question was provided] under a warranty, he is entitled to rely on the provisions of this paragraph in the same way as his employer would have been entitled to do if he had been the accused.

(4) The person by whom the warranty is alleged to have been given is entitled to appear at the hearing and to give evidence and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

Textual Amendments

F6 Sch. 1 para. 5(1A) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(2)

F7 Words in Sch. 1 para. 5(3) substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(3)

F8 [6 (1) An accused who in any proceedings for an offence under section 15A, 17 or 18(4) of this Act wilfully applies to equipment, information, a helmet or, as the case may be, an appliance a warranty not given in relation to it is guilty of an offence. E+W+S

(2) A person who, in respect of equipment, a helmet or an appliance sold by him, or information provided by him, being equipment, a helmet, an appliance or information in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.

(3) Where the accused in a prosecution for an offence under section 15A, 17 or 18(4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken before a court having jurisdiction in the place—

(a) where the equipment, helmet or appliance, or any of the equipment, helmets or appliances, to which the warranty relates was procured;

(b) where the information, or any of it, to which the warranty relates was provided; or

(c) where the warranty was given.]

Textual Amendments

F8 Sch. 1 paras. 6 and 7 substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(4)

F9 7 E+W+S In this Schedule, “equipment” means equipment to which section 15A of this Act applies and “appliance” means an appliance to which section 18 of this Act applies.

Textual Amendments

F9 Sch. 1 paras. 6 and 7 substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(4)

Section 67.

SCHEDULE 2 E+W+S Deferred Tests of Condition of Vehicles

1 E+W+S Where the driver is the owner of the vehicle, he may at the time of electing that the test shall be deferred—

(a) specify a period of seven days within which the deferred test is to take place, being a period falling within the next thirty days, disregarding any day on which the vehicle is outside Great Britain, and

(b) require that the deferred test shall take place on premises then specified by him where the test can conveniently be carried out or that it shall take place in such area in England F10 . . ., being a county district or Greater London [F11 in such county or county borough in Wales], or such area in Scotland, being [F12 the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] , as he may specify at that time.

Textual Amendments

F10 Words in Sch. 2 para. 1(b) repealed (1.4.1996) by 1994 c. 19, s. 22(1), 66(8), Sch. 7, Pt. II para. 40(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F11 Words in Sch. 2 para. 1(b) inserted (1.4.1996) by 1994, c. 19, s. 22(1), Sch. 40(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F12 Words in Sch. 2 para. 1(b) substituted (S.) (1.4.1996) by S.I. 1994, c. 39, s. 180(1), Sch. 13 para. 159(9); S.I. 1996/323, art. 3(b)

2 E+W+S When the driver is not the owner of the vehicle he shall inform the examiner of the name and address of the owner of the vehicle and the owner shall be afforded an opportunity of specifying such a period, and such premises or area.

3 (1) Where under the preceding provisions of this Schedule a period has been specified within which the deferred test is to be carried out, the time for carrying it out shall be such time within that period as may be notified, being a time not earlier than two days after the giving of the notification. E+W+S

(2) Where no such period has been specified, the time for the carrying out of the deferred test shall be such time as may be notified, being a time not earlier than seven days after the giving of the notification.

(3) Where premises have been specified under the preceding provisions of this Schedule for the carrying out of the deferred test, and the test can conveniently be carried out on those premises, it must be carried out there.

(4) Where sub-paragraph (3) above does not apply, the place for carrying out the deferred test shall be such place as may be notified with the notification of the time for the carrying out of the test, and where an area has been so specified the place shall be a place in that area.

(5) Notwithstanding the preceding provisions of this paragraph, the time and place for the carrying out of the deferred test may be varied by agreement between an authorised examiner and the owner of the vehicle.

(6) In this paragraph—

• “notified” means notified in writing to the owner of the vehicle on behalf of the Secretary of State, and

• “notification” shall be construed accordingly,

and any notification under this paragraph may be given by post.

4 E+W+S The owner of the vehicle must produce it, or secure its production, at the time and place fixed for the carrying out of the deferred test.

5 (1) References in this Schedule to the owner of a vehicle are references to the owner of the vehicle at the time at which the election is made under section 67(6) of this Act that the test should be deferred. E+W+S

(2) For the purposes of this Schedule—

(a) subject to sub-paragraph (b) below, if at the time at which that election is made the vehicle is in the possession of a person under a hire-purchase agreement or hiring agreement, that person shall be deemed to be the owner of the vehicle to the exclusion of any other person,

(b) if at that time the vehicle is being used under an international circulation permit, the person to whom the permit was issued shall be deemed to be the owner of the vehicle to the exclusion of any other person.

Section 144D

F13 [SCHEDULE 2A E+W+S Offence of keeping vehicle which does not meet insurance requirements: immobilisation, removal and disposal of vehicles

Textual Amendments

F13 Sch. 2A inserted (4.2.2011) by Road Safety Act 2006 (c. 49), ss. 22(3), 61(1)(10), Sch. 5; S.I. 2011/19, art. 2(b)

Immobilisation E+W+S

F13 1 (1) Regulations may make provision with respect to any case where an authorised person has reason to believe that, on or after such date as may be prescribed, an offence under section 144A of this Act is being committed as regards a vehicle which is stationary on a road or other public place. E+W+S

(2) The regulations may provide that the authorised person or a person acting under his direction may—

(a) fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or

(b) move it from that place to another place on the same or another road or public place and fix an immobilisation device to it in that other place.

(3) The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—

(a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,

(b) specifying the steps to be taken to secure its release, and

(c) giving such other information as may be prescribed.

(4) The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations—

(a) may only be released from the device by or under the direction of an authorised person, but

(b) subject to that, must be released from the device if the first and second requirements specified below are met.

(5) The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.

(6) The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing—

(a) that any person who proposes to drive the vehicle away will not in doing so be guilty of an offence under section 143 of this Act, and

(b) that the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 is not guilty of an offence under section 144A of this Act as regards the vehicle.

(7) The regulations may provide that they do not apply in relation to a vehicle if—

(a) a current disabled person's badge is displayed on the vehicle, or

(b) such other conditions as may be prescribed are fulfilled,

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

(8) The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

Offences connected with immobilisation E+W+S

F13 2 (1) The regulations may provide that a person contravening provision made under paragraph 1(8) above is guilty of an offence. E+W+S

(2) The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 1 above, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence.

(3) The regulations may provide that where they would apply in relation to a vehicle but for provision made under paragraph 1(7)(a) above and the vehicle was not, at the time it was stationary, being used—

(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970, and

(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person's concession would be available),

the person in charge of the vehicle at that time is guilty of an offence.

(4) The regulations may provide that where—

(a) a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,

(b) the declaration is that no offence under section 144A of this Act is or was being committed as regards the vehicle, and

(c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

Removal and disposal of vehicles E+W+S

F13 3 (1) The regulations may make provision with respect to any case where— E+W+S

(a) an authorised person has reason to believe that an offence under section 144A of this Act is being committed as regards a vehicle which is stationary on a road or other public place, and such conditions as may be prescribed are fulfilled, or

(b) an authorised person has reason to believe that such an offence was being committed as regards a vehicle at a time when an immobilisation device which is fixed to the vehicle was fixed to it in accordance with the regulations, and such conditions as may be prescribed are fulfilled.

(2) The regulations may provide that the authorised person, or a person acting under his direction, may remove the vehicle and deliver it into the custody of a person—

(a) who is identified in accordance with prescribed rules, and

(b) who agrees to accept delivery in accordance with arrangements agreed between that person and the Secretary of State,

and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.

(3) The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to—

(a) the time at which the vehicle may be disposed of, and

(b) the manner in which it may be disposed of.

(4) The regulations may make provision allowing a person to take possession of the vehicle if—

(a) he claims it before it is disposed of, and

(b) any prescribed conditions are fulfilled.

(5) The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if—

(a) he claims after the vehicle's disposal to be or to have been its owner,

(b) the claim is made within a prescribed time of the disposal, and

(c) any other prescribed conditions are fulfilled.

(6) The regulations may provide that—

(a) the Secretary of State, or

(b) a person into whose custody the vehicle is delivered under the regulations,

may recover from the vehicle's owner (whether or not a claim is made under provision made under sub-paragraph (4) or (5) above) such charges as may be prescribed in respect of all or any of the following, namely its release, removal, custody and disposal; and “ owner ” means the person who was the owner when the vehicle was removed.

(7) The conditions prescribed under sub-paragraph (4) above may include conditions as to—

(a) satisfying the person with custody that the claimant is the vehicle's owner,

(b) the payment of prescribed charges in respect of the vehicle's release, removal and custody,

(c) the production of such evidence as may be prescribed establishing that in driving the vehicle away the claimant will not be guilty of an offence under section 143 of this Act, and

(d) the production of such evidence as may be prescribed establishing that the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 is not guilty of an offence under section 144A of this Act as regards the vehicle.

(8) The regulations may in particular include provision for purposes corresponding to those of sections 101 and 102 of the Road Traffic Regulation Act 1984 (disposal and charges) subject to such additions, omissions or other modifications as the Secretary of State thinks fit.

Offences as to securing possession of vehicles E+W+S

F13 4 E+W+S The regulations may provide that where—

(a) a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 3 above,

(b) the declaration is that no offence under section 144A of this Act is or was being committed as regards the vehicle, and

(c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

Disputes E+W+S

F13 5 E+W+S The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision—

(a) for an application to be made to a magistrates' court or (in Scotland) to the sheriff, or

(b) for a court to order a sum to be paid by the Secretary of State.

Authorised persons E+W+S

F13 6 E+W+S As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done—

(a) by an authorised person, or

(b) by an authorised person or a person acting under his direction.

Application of Road Traffic Offenders Act 1988 E+W+S

F13 7 E+W+S The regulations may make provision for the application of any or all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 to an offence for which provision is made by the regulations.

Interpretation E+W+S

F13 8 (1) The regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards a vehicle. E+W+S

(2) In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994.

F13 9 (1) The regulations may make provision as to the meaning in the regulations of “authorised person”. E+W+S

(2) In particular, the regulations may provide that—

(a) references to an authorised person are to a person authorised by the Secretary of State for the purposes of the regulations,

(b) an authorised person may be a local authority or an employee of a local authority or a member of a police force or some other person, and

(c) different persons may be authorised for the purposes of different provisions of the regulations.

F13 10 E+W+S In this Schedule—

(a) references to an immobilisation device are to a device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked), and

(b) references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.]

F14 SCHEDULE 3 E+W+S

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

Textual Amendments

F14 Sch. 3 repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provisions in art. 3(2))

F15 SCHEDULE 4 E+W+S

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

Textual Amendments

F15 Sch. 4 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.