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Driving and Traffic Law - UK Driving Legislation - Patterson Law
Driving & Traffic Laws in the UK
The following is an Extract from the Road Traffic Regulations Act 1984
82 What roads are restricted roads.
(1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Act
[ F1if—
(a)in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
(b)in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.]
(2)[F2The traffic authority for a road may direct]
(a)that [F2the road] which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or
(b)that [F2the road] which is not a restricted road for those purposes shall become a restricted road for those purposes.
[ F3(3)A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.]
89 Speeding offences generally.
(1)A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.
(2)A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.
(3)The enactments to which this section applies are—
(a)any enactment contained in this Act except section 17(2);
(b)section 2 of the M1Parks Regulation (Amendment) Act 1926; and
(c)any enactment not contained in this Act, but passed after 1st September 1960, whether before or after the passing of this Act.
(4)If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey, or any stage or part of any journey, is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey (or that stage or part of it) to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the time-table or schedule, or the giving of the directions, may be produced as prima facie evidence that the employer procured or (as the case may be) incited the persons employed by him to drive the vehicles to commit such an offence.
Annotations:
Modifications etc. (not altering text)
C1S. 89 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
S. 89 applied (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(3).
Marginal Citations
M11926 c. 36(46:2)
The following are extracts from the Road Traffic Act 1988
Driving without due care and attention
3 Careless, and inconsiderate, driving
If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.
5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit
(1) If a person—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.
47 Obligatory test certificates
(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
(2) Subject to subsections (3) and (5) below, the motor vehicles to which this section applies at any time are—
(a) those first registered under the [1971 c. 10.] Vehicles (Excise) Act 1971, the [1962 c. 13.] Vehicles (Excise) Act 1962, the [1949 c. 89.] Vehicles (Excise) Act 1949 or the [1920 c. 72.] Roads Act 1920, not less than three years before that time, and
(b) 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 registered under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act 1962,
being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test.
(3) As respects a vehicle being—
(a) a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or
(b) a taxi (as defined in section 64 (3) of the [1980 c. 34.] Transport Act 1980), being a vehicle licensed to ply for hire, or
(c) 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,
subsection (2)(a) above shall have effect as if for the period there mentioned there were substituted a period of one year.
(4) For the purposes of subsection (2)(b) above, there shall be disregarded the use of a vehicle before it is sold or supplied by retail.
(5) This section does not apply to vehicles of such classes as may be prescribed.
(6) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles for such purposes as may be prescribed.
(7) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles in any such area as may be prescribed.
(8) For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.
(9) The Secretary of State may by order made by statutory instrument direct that subsection (2) above shall have effect with the substitution, for three years (in both places), of such other period (not being more than ten years) as may be specified in the order.
An order under this subsection shall not have effect unless approved by resolution of each House of Parliament.
87 Drivers of motor vehicles to have driving licences
(1) It is an offence for a person to drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.
(2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class if that other person is not the holder of a licence authorising him to drive a motor vehicle of that class.
143 Users of motor vehicles to be insured or secured against third-party risks
(1) Subject to the provisions of this Part of this Act—
(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
(b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.
(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) that he was using the vehicle in the course of his employment, and
(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
(4) This Part of this Act does not apply to invalid carriages.
Failing to name/nominate the driver
172 Duty to give information as to identity of driver, etc., in certain cases
(1) This section applies—
(a) to any offence under the preceding provisions of this Act except—
(i) an offence under Part V, or
(ii) an offence under section 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 117,
and to an offence under section 178 of this Act,
(b) to any offence under sections 25, 26, 27 and 45 of the [1988 c. 53.] Road Traffic Offenders Act 1988, and
(c) to any offence against any other enactment relating to the use of vehicles on roads.
(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
In this subsection references to the driver of a vehicle include references to the person riding a cycle.
(3) A person who fails to comply with the requirement of subsection (2)(a) above is guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle or, as the case may be, the rider of the cycle was.
(4) A person who fails to comply with the requirement of subsection (2)(b) above is guilty of an offence.
The following is an extract from the Road Vehicles (Construction and Use) Regulations 1986
Using a mobile phone whilst driving.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2. The Road Vehicles (Construction and Use) Regulations 1986[2] are amended by inserting after regulation 109 -
"Mobile telephones"
110. - (1) No person shall drive a motor vehicle on a road if he is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using -
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.
(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.
(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention -
(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b) he is acting in response to a genuine emergency; and
(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).
(6) For the purposes of this regulation -
(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);
(c) "interactive communication function" includes the following:
(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;
(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -
(i) for the purpose of transmitting and receiving spoken messages; and
(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and
(e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]."
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A new client came to us after being banned by the Magistrates for 6 months. He had accumulated 12 points within 3 years and the Magistrates court banned him for 6 months. The client tried to argue exceptional hardship on his own and the court rejected his argument.
Our client instructed us to represent him at court when he was charged with overloading a hired minibus. He had hired the minibus as he had his extended family visiting for a holiday. At the same time builders were refurbishing his house and asked him if he could help them collect some extra sand and cement. Our client agreed and they went with him to the DIY shop to collect the materials.
Our client was stopped on the way back home for overloading. He was devasted by the charge and the subsequent court proceedings, due to the fact that it was an innocent mistake and he was in the process of applying for an indefinite leave to remain in the UK visa.
He approached many so called motoring lawyers before us who told him to plead guilty and take the fine and points. We acted on his behalf and made a special reasons argument and also an argument under s.48 RTOA 88. The court agreed not to give any points and to impose an absolute discharge meaning that the conviction was imediately spent.
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