Road Traffic (Consequential Provisions) Act 1988

• Citation: 1988 c. 54
• Sections: 89

Section 1 Meaning of “the Road Traffic Acts”, “the repealed enactments”, etc.

(1) In this Act—

“ the Road Traffic Acts ” means the Road Traffic Act 1988, the Road Traffic Offenders Act 1988 and, so far as it reproduces the effect of the repealed enactments, this Act, and

“ the repealed enactments ” means the enactments repealed or revoked by this Act.

(2) Expressions used in this Act and in the Road Traffic Act 1988 have the same meaning as in that Act.

Section 2 Continuity, and construction of references to old and new law.

(1) The substitution of the Road Traffic Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the Road Traffic Acts, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in the Road Traffic Acts or any other enactment, instrument or document to a provision of the Road Traffic Acts is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the Road Traffic Acts has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

Section 3 Repeals.

(1) The enactments specified in Part I of Schedule 1 to this Act are repealed to the extent specified in the third column.

(2) Those repeals include the repeal, in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of section 34 of the Road Traffic Act 1972 (requirements as to employment of persons to attend to locomotives and trailers) as no longer of practical utility.

(3) The subordinate legislation specified in Part II of that Schedule is revoked to the extent specified in the third column.

Section 4 Prospective and consequential amendments.

Schedule 2 to this Act (which re-enacts or makes consequential amendments of provisions which made prospective amendments of the repealed and other enactments, so that the re-enacted or amended provisions prospectively amend the Road Traffic Acts and other enactments) and Schedule 3 to this Act (which makes other consequential amendments) shall have effect.

Section 5 Transitional provisions and savings.

(1) Schedule 4 to this Act (which makes certain transitional provisions and contains savings in connection with the repeals made by this Act) shall have effect.

(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on a repeal).

Section 6

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Section 7 Saving for law of nuisance.

Nothing in the Road Traffic Acts authorises a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affects the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

Section 8 Short title, commencement and extent.

(1) This Act may be cited as the Road Traffic (Consequential Provisions) Act 1988.

(2) This Act, except those provisions that may be brought into force in accordance with subsection (3) below, shall come into force at the end of the period of six months beginning with the day on which it is passed.

(3) Paragraphs 15 to 20 of Schedule 2 to this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

(4) An order under subsection (3) above bringing any provision of Part I of Schedule 2 to this Act (wholly or partly) into force may contain such transitional provisions and savings (whether or not involving the modification of any provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978) as appear to the Secretary of State necessary or expedient in connection with that provision.

(5) This Act does not extend to Northern Ireland except so far as it affects other enactments extending to Northern Ireland.

Section 1

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Section 2

Part II of the Transport Act 1982 is amended as shown in paragraphs 3 to 14 below.

Section 3

(1) In section 9, for the cross-heading “Functions under the 1972 Act” there is substituted “ Functions under the 1988 Act ” and in the paragraphs under that cross-heading—

for “section 40” there is substituted “ section 41 ” ,

for “section 43” there is substituted “ section 45 ” ,

for “section 44(10A)” there is substituted “ section 48(4) ” ,

for “section 45” there is substituted “ section 49 ” ,

for “section 46(5)(b)” there is substituted “ section 53(5)(b) ” ,

for “section 50” (in both places) there is substituted “ section 61 ” ,

. . .

for “ sections 57 and 58” there is substituted “ sections 69, 70 and 72 ” ,

for “section 57(7)” there is substituted “ section 70(2) ” .

(2) In section 9, in the paragraph under the cross-heading “Functions under the Road Traffic (Foreign Vehicles) Act 1972”, for “the 1972 Act” there is substituted “ the 1988 Act ” .

Section 4

(1) In section 10(2)—

(a) for “section 43 of the 1972 Act” there is substituted “sections 45 and 46 of the 1988 Act”,

(b) for “section 45” there is substituted “section 49”,

(c) for paragraph (a) there is substituted—

(a) in section 45(3) (persons who may carry out examinations under that section), after paragraph (a) there is inserted—

“(aa) any authorised inspector”,

(d) in paragraph (b), for “subsection (6)(g)” there is substituted “section 46(g)”, and

(e) in paragraph (c), for “subsection (6)(h)” there is substituted “section 46(h)”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 10(6), for “section 56(2) of the 1972 Act” there is substituted “section 68(3) of the 1988 Act”.

(4) In section 10(7)—

(a) for “section 45(6)(a)(ii) and (d) of the 1972 Act” there is substituted “section 51(1)(a)(ii) and (d) of the 1988 Act”,

(b) for “section 46(3)” there is substituted “section 53(3)” and for “section 45” there is substituted “section 49”,

(c) for “section 51(3)” there is substituted “section 63(3)” and for “section 48” there is substituted “section 59”,

(d) for “subsections (2), (3) and (4) of section 48” there is substituted “section 59(1), (2) and (3)”.

(5) In section 10(11), for paragraph (a) there is substituted—

(a) section 45, section 49 or section 61 of the 1988 Act; or

(6) In section 10(12), for “section 43 or 45 of the 1972 Act” there is substituted “sections 45 or 49 of the 1988 Act”.

Section 5

In section 13(9), for “section 45(9) of the 1972 Act” there is substituted “ section 52(2) of the 1988 Act ” .

Section 6

(1) In section 17(1)—

(a) for “section 47 of the 1972 Act” there is substituted “ sections 55 and 57 of the 1988 Act ” ,

(b) for “subsections (6), (7)(b) and (10)(a)” there is substituted “ sections 57(2) and (3)(b) and 55(6)(a) ” and

(c) for “subsection (6)” there is substituted “ section 57(2) ” .

(2) In section 17(2)—

(a) for “section 49 of the 1972 Act” there is substituted “ section 60 of the 1988 Act ” ,

(b) in the first line of the inserted section, for “49” there is substituted “ 60 ” ,

(c) in subsection (1) of the inserted section, for “section 47 or 48” there is substituted “ sections 54 to 59 ” ,

(d) at the end of subsection (2) of the inserted section there is inserted—

This subsection does not apply in relation to vehicle parts.

(3) Section 17(3) is omitted.

(4) In section 17(4)—

(a) for “section 50” there is substituted “ section 61 ” ,

(b) for “sections 47 to 49A” (in both places) there is substituted “ sections 54 to 60 ” ,

(c) for “section 47(8)” there is substituted “ section 58(2) ” , and

(d) the words from “and in subsection (4)(a) of that section” to the end are omitted.

Section 7

In section 18, for “section 51 of the 1972 Act” there is substituted “ section 63 of the 1988 Act ” and, in the inserted section—

(a) in the first line, for “51A” there is substituted “ 63A ” ,

(b) for “section 45 or 50” there is substituted “ section 49 or 61 ” ,

(c) for “section 45(6)” there is substituted “ section 51(1) ” and for “subsection (3) of that section” there is substituted “ section 50(1) ” , and

(d) for “section 47” there is substituted “ section 57 or 58 ” .

Section 8

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Section 9

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Section 10

In section 21—

(a) in subsection (1), for “section 43(4) of the 1972 Act” there is substituted “ section 45(4) of the 1988 Act ” and for “that subsection” there is substituted “ section 45(5) of that Act ” ,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 11

In section 22—

(a) in subsection (1), for “section 45(6) of the 1972 Act” there is substituted “ section 51(1) of the 1988 Act ” , and

(b) in subsection (2), for “section 50(1)” there is substituted “ section 61(2) ” , for “section 48” there is substituted “ section 59 ” and for “section 45(6)” (in both places) there is substituted “ section 51(1) ” .

Section 12

In section 23(3), for “section 169 of the 1972 Act” there is substituted “ section 173 of the 1988 Act ” and for “section 57” there is substituted “ section 69 or 70 ” .

Section 13

In section 24—

(a) in subsection (1), for “section 171 of the 1972 Act” there is substituted “ section 175 of the 1988 Act ” and in the inserted section—

(i) in the first line, for “171” there is substituted “ 175 ” ,

(ii) in subsection (1), for “section 170(6)” there is substituted “ section 174(5) ” , for “section 44(10A) or 46(5)(b)” there is substituted “ section 48(4) or 53(5)(b) ” and for “section 57” there is substituted “ section 69 or 70 ” ,

(b) in subsection (2)—

(i) for “section 173(2)” there is substituted “ section 176 ” ,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in paragraph (b), at the beginning there is inserted “ in subsection (5) ” and for “section 57” there is substituted “ section 69 or 70 ” , and

(c) in subsection (3)—

(i) for “Part I of Schedule 4 to the 1972 Act” there is substituted “ Part I of Schedule 2 to the Road Traffic Offenders Act 1988 ” ,

(ii) in paragraph (a), for the first “171” there is substituted “ 175 of the 1988 Act ” and for “171” (in the other two places) there is substituted “ 175 ” ,

(iii) in paragraph (b), for “171(2)” there is substituted “ 175(2) ” and the words in the last column are omitted, and

(iv) at the end of that subsection there is added— “ and in Schedule 1 to the Road Traffic Offenders Act 1988, in the entry for section 175 of the Road Traffic Act 1988 there is added to the words in column 2 “falsely amending certificate of conformity” ” ”.

Section 14

In section 26—

(a) after the definition of “the 1981 Act” there is inserted—

“ the 1988 Act ” means the Road Traffic Act 1988

(b) for “section 196 of the 1972 Act” there is substituted “ section 192 of the 1988 Act ” , and

(c) for “section 56(1) of the 1972 Act” there is substituted “ section 68(2) of the 1988 Act ” .

Section 15

In section 61(2) of the Road Traffic Act 1988—

(a) at the end of paragraph (a) there is inserted “ or designated under section 10(12) of the Transport Act 1982 ” , . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16

In section 84(4) of the Road Traffic Act 1988, for “ 72(9)” there is substituted “ 72 ” .

Section 17

In section 85 of the Road Traffic Act 1988—

(a) at the end of the definition of “official testing station” there is added “ or premises designated by him under section 10(12) of the Transport Act 1982 ” ,

(b) following the definition of “prescribed” there is inserted—

“ prescribed testing authority ” means such approved testing authority as may be prescribed

(c) at the end of that section there is added—

(2) References in any provision of this Part of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.

Section 18

In section 183 of the Road Traffic Act 1988—

(a) in subsection (2), for “ 63” there is substituted “ 63A ” , and

(b) in subsection (3), at the end of paragraph (a) there is inserted “ or of authorised inspectors under section 8 of the Transport Act 1982 ” , and paragraph (b) is omitted.

Section 19

In section 192(1) of the Road Traffic Act 1988, before the definition of “bridleway” there is inserted—

“ approved testing authority ” means a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act

Section 20

In section 13(1) of the Road Traffic Offenders Act 1988—

(a) after “vehicles” there is inserted “ or of any records maintained with respect to vehicles by an approved testing authority in connection with the exercise by that authority of any functions conferred on such authorities, or on that authority as such an authority, by or under any enactment ” , and

(b) at the end of that subsection there is inserted “ or (as the case may be) the approved testing authority ” .

Section 21

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Section 22

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Section 23

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Section 24

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Section 25

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Section 26

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Section 27

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Section 28

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Section 29

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Section 30

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Section 31

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Section 32

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Section 33

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Section 1

Section 41 of the Thames Embankment Act 1862 does not apply to motor tractors, heavy motor cars, motor cars, motor cycles or invalid carriages but, subject to that, nothing in the Traffic Acts affects the provisions of that section.

Section 2

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 244 of that Act, for the words from “this Act” to “may be brought” there is substituted “ or an offence under section 235 of this Act or an offence under section 99(5) of the Transport Act 1968 may be brought ” .

(3) For section 247(2) of that Act there is substituted—

(2) There shall be paid into the Consolidated Fund all fines imposed in respect of offences committed in Scotland under the foregoing provisions of this Act or the regulations thereunder.

Section 3

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Section 4

(1) In section 31(2A) of the Criminal Appeal Act 1968, for “section 94A(2) of the Road Traffic Act 1972” there is substituted “ section 40(2) of the Road Traffic Offenders Act 1988 ” .

(2) In section 44(2) of that Act, for “section 94A(3) of the Road Traffic Act 1972” there is substituted “ section 40(3) of the Road Traffic Offenders Act 1988 ” .

Section 5

In section 30(5) of the Countryside Act 1968 for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 ” .

Section 6

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For section 102(3) of that Act there is substituted—

(3) Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

(3A) Where a person is convicted of an offence by virtue of subsection (3) above—

(a) no order may be made on his conviction save an order imposing a fine,

(b) payment of any fine imposed on him in respect of that offence may not be enforced against him, and

(c) apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

(7) After section 102 of that Act there is inserted—

Exclusion of application to tramcars and trolley vehicles.

(102A)

(1) This Part of this Act and section 255 of the Road Traffic Act 1960 in its application thereto shall not apply to tramcars or trolley vehicles operated under statutory powers.

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

(3) Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to tramcars or trolley vehicles to which it relates any of the provisions excluded by the said subsection (1).

(8) In the definition of “ plated weight ” in section 159(1) of that Act, for “section 40 of the Road Traffic Act 1972 or required to be so marked by section 47 of that Act” there is substituted “ section 41 of the Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act. ”

Section 7

In section 20(1) of the Chronically Sick and Disabled Persons Act 1970—

(a) in paragraph (b), for “the Road Traffic Act 1972” there is substituted “ the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 ” , and

(b) in paragraph (c), for “the sections 68 to 81 of the said Act of 1972” there is substituted “ section 83 of the Road Traffic Act 1988 ” .

Section 8

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 5(3) of that Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 9

(1) In section 1 of the Road Traffic (Foreign Vehicles) Act 1972—

(a) in subsection (1)(b), for “section 160 of the Road Traffic Act 1972” there is substituted “ sections 78 and 79 of the Road Traffic Act 1988 ” ,

(b) in subsection (3)—

(i) in paragraph (a), for “the said section 160” there is substituted “ the said sections 78 and 79 ” and for “that section” there is substituted “ those sections ” ,

(ii) in paragraph (b), for “section 40 of the Road Traffic Act 1972” there is substituted “ section 41 of the Road Traffic Act 1988, . . . ”

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 2(3B) of that Act, for “section 58(5A) of the Road Traffic Act 1972” there is substituted “ section 72(9) of the Road Traffic Act 1988 ” .

(3) In section 7(1) of that Act—

(a) in the definition of “authorised person”, for “section 160 of the Road Traffic Act 1972” there is substituted “ section 78 of the Road Traffic Act 1988 ” ,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the definition of “official testing station”, for “section 58(5) of the Road Traffic Act 1972” there is substituted “ section 72(8) of the Road Traffic Act 1988 ” .

(4) In Schedule 1 to that Act, for “Section 53 of the Road Traffic Act 1972” there is substituted “Section 67 of the Road Traffic Act 1988” and for “Section 56 of the Road Traffic Act 1972” there is substituted “ Section 68 of the Road Traffic Act 1988 ” .

(5) In Schedule 2 to that Act, for “Regulations under section 40 of the Road Traffic Act 1972” there is substituted “ Regulations under section 41 of the Road Traffic Act 1988 ” .