Introductory
1 In this Schedule (which is a re-enactment of section 80 of the Road Traffic Regulation Act 1967 and associated provisions) “the interim period” means the period beginning with the date on which the Schedule comes into operation and ending with such date as the Secretary of State may by order made by statutory instrument appoint, as being the date on which the repeal of section 80 by the Transport Act 1982 would have been brought into operation, had section 80 not already been repealed by this Act.
Application of Schedule
2 (1) This Schedule shall extend only to such areas as may be specified by an order made by the Secretary of State; and an order made by him may exclude the application of this Schedule to any offence.
(2) Subject to sub-paragraph (1) above, this Schedule applies to any offence created by or under an enactment which is punishable on summary conviction and is an offence committed in respect of a vehicle—
(a) by its being on a road during the hours of darkness (that is, the time between half-an-hour after sunset and half-an-hour before sunrise) without the lights or reflectors required by law, or
(b) by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road, or
(c) by the non-payment of the charge made at a street parking place, or
(d) by its being used in contravention of any provision of an order made, or having effect as if made, under section 1, section 6 or section 9, or of regulations made or having effect as if made under section 12, of this Act, which is a provision—
(i) as to the route to be followed by vehicles of the class to which that vehicle belongs, or
(ii) as to roads or parts of carriageways which are not to be used for traffic by such vehicles, or
(iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn, or
(e) by any such use of the vehicle in contravention of section 42(1) of the Road Traffic Act 1988 (which relates to contravention of construction and use regulations) as may be specified by an order made by the Secretary of State, not being a use which constitutes an offence involving discretionary disqualification within the meaning of the Road Traffic Offenders Act 1988, or
(f) by its being used, or kept, on a public road within the meaning of the Vehicle Excise and Registration Act 1994 without a licence under that Act being exhibited on the vehicle in the manner prescribed by regulations under that Act.
(3) The power of the Secretary of State to make orders under this paragraph shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Notice to pay fixed penalty
3 (1) Where at any time within the interim period a constable finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed an offence to which this Schedule applies, he may give him the prescribed notice in writing, offering the opportunity of the discharge of any liability to conviction of that offence by payment of a fixed penalty under this Schedule; and no person shall then be liable to be convicted of that offence if the fixed penalty is paid in accordance with this Schedule before the end of the period of 21 days following the date of the notice, or such longer period (if any) as may be specified in the notice, or before the date on which preceedings are begun, whichever event last occurs.
(2) Where a person is given a notice under this paragraph in respect of an offence, proceedings shall not be taken against any person for that offence by any constable or local authority until the end of 21 days following the date of the notice or such longer period (if any) as may be specified in the notice.
(3) A notice under this paragraph shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of those circumstances, and shall state also the period during which, by virtue of sub-paragraph (2) above, proceedings will not be taken for the offence, the amount of the fixed penalty, and the justices’ clerk to whom, and the address at which, the fixed penalty may be paid.
(4) Where at any time within the interim period a constable finds a vehicle on any occasion and has reason to believe that on that occasion there is being or has been committed in respect of it an offence to which this Schedule applies, he may proceed under this paragraph as if he had found a person reasonably believed by him to be committing the offence; and for that purpose a notice affixed to the vehicle shall be deemed to be given to the person liable for that offence.
(5) A notice affixed to a vehicle under sub-paragraph (4) above shall not be removed or interfered with except by or under the authority of the driver or the person in charge of the vehicle or the person liable for the offence in question; and any person who contravenes this sub-paragraph shall be guilty of an offence.
(6) In so far as an order made, or having effect as if made, under section 95(5) of this Act authorises the employment of traffic wardens for the purposes of this paragraph, references in this paragraph to a constable shall include a traffic warden.
(7) In the application of this paragraph to Scotland, any reference to a justices’ clerk shall be construed as a reference to a clerk of court; in sub-paragraph (1) above, for the words from “before the end of the period" to the end of the sub-paragraph, there shall be substituted the words “before the date on which proceedings are begun"; and in sub-paragraph (2) the words “by any constable or local authority” shall be omitted.
(8) In this paragraph “proceedings” means any criminal proceedings in respect of the act or omission constituting the offence specified in a notice under this paragraph, and “convicted” shall be construed accordingly.
Amount and payment of fixed penalty, and supplementary provisions
4 (1) Subject to sub-paragraph (2) below, the fixed penalty for an offence to which this Schedule applies shall be £10, or one half the maximum amount of the fine to which a person is liable on summary conviction of the offence, whichever is the less.
(2) The Secretary of State may by order provide for the fixed penalty to be in any case more or less than £10, but not more in the case of any offence than one-half the maximum amount of the fine to which a person is liable on summary conviction of that offence.
(3) Payment of a fixed penalty under this Schedule shall be made to such justices’ clerk as may be specified in the notice under paragraph 3 of this Schedule relating to that penalty; and sums paid by way of fixed penalty for an offence shall be treated for the purpose of section 61 of the Justices of the Peace Act 1979 (application of fines and fees) as if they were fines imposed on summary conviction for that offence.
(4) In any proceedings a certificate that payment of a fixed penalty was or was not made, by a date specified in the certificate, to the justices’ clerk specified in a notice under paragraph 3 of this Schedule relating to that penalty shall, if this certificate purports to be signed by the justices’ clerk, be sufficient evidence of the facts stated, unless the contrary is proved.
(5) Where, in England or Wales, a justices’ clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of the Justices of the Peace Act 1979) discharges functions in connection with a fixed penalty under this Schedule for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—
(a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State; and
(b) any such payment between responsible authorities shall be taken into account in determining for the purpose of subsection (4) of section 59 of that Act the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.
(6) The Secretary of State may by regulations make provision as to any matter incidental to the operation of paragraphs 2 and 3 of this Schedule or this paragraph, and in particular—
(a) for prescribing the form of notice under paragraph 3 above and
(b) for prescribing the duties of justices, clerks and the information to be supplied to them.
(7) In the application of this paragraph to Scotland—
(a) any reference to a justices’ clerk shall be construed as a reference to a clerk of court;
(b) in sub-paragraph (3), for the words from “section 61" to “fines and fees)", there shall be substituted the words “determining their destination"; and
(c) sub-paragraphs (5) and (6)(b) shall not apply.
(8) In this paragraph “justices’ clerk” has the same meaning as in section 61 of the Justices of the Peace Act 1979.
Liability of vehicle owner in respect of fixed penalty
5 (1) This paragraph applies where—
(a) a notice under paragraph 3 of this Schedule has been given under sub-paragraph (1), or affixed to a vehicle under sub-paragraph (4), of that paragraph;
(b) the notice relates to an offence committed in respect of a stationary vehicle and falling within any of paragraphs (a) to (c) or within paragraph (f) of paragraph 2(2) of this Schedule (other than the offence, mentioned in paragraph 2(2)(b) above, of obstructing a road), and
(c) the fixed penalty has not been paid within the period of 21 days mentioned in paragraph 3(1) of this Schedule or, if it is longer, the period fixed for payment by the notice.
(2) Subject to the following provisions of this paragraph—
(a) for the purposes of the institution of proceedings in respect of the alleged offence against any person as being the owner of the vehicle at the relevant time, and
(b) in any proceedings in respect of the alleged offence brought against any person as being the owner of the vehicle at the relevant time,
it shall be conclusively presumed (notwithstanding that the person may not be an individual) that he was the driver of the vehicle at that time and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.
(3) Sub-paragraph (2) above shall not apply in relation to any person unless, within the period of 6 months beginning on the day on which the notice under paragraph 3 of this Schedule was given or affixed as mentioned in sub-paragraph (1)(a) above, a notice under sub-paragraph (6) below has been served on him by or on behalf of the chief officer of police.
(4) If the person on whom a notice under sub-paragraph (6) below is served in accordance with sub-paragraph (3) above was not the owner of the vehicle at the relevant time, sub-paragraph (2) above shall not apply in relation to him if he furnishes a statutory statement of ownership under this Schedule to that effect in compliance with the notice.
(5) The presumption in sub-paragraph (2) above shall not apply in any proceedings brought against any person as being the owner of the vehicle at the relevant time if, in those proceedings, it is proved—
(a) that at the relevant time the vehicle was in the possession of some other person without the consent of the accused, or
(b) that the accused was not the owner of the vehicle at the relevant time and that he has a reasonable excuse for failing to comply with the notice under sub-paragraph (6) below served on him in accordance with sub-paragraph (3) above.
(6) A notice under this sub-paragraph shall be in the prescribed form, shall give particulars of the alleged offence and of the fixed penalty concerned, and shall provide that, unless the fixed penalty is paid before the expiry of the appropriate period, the person on whom the notice is served—
(a) is required, before the expiry of that period, to furnish to the chief officer of police by or on behalf of whom the notice was served a statutory statement of ownership under this Schedule (as defined by paragraph 9 below), and
(b) is invited, before the expiry of that period, to furnish to that chief officer of police a statutory statement of facts under this Schedule (as defined by that paragraph).
Effect of notice under paragraph 5(6)
6 (1) The provisions of sub-paragraphs (2) to (5) below shall have effect where a notice has been served on any person (in this paragraph referred to as the “recipient”) under paragraph 5(6) of this Schedule.
(2) If the fixed penalty specified in the notice is not paid within the appropriate period, and the recipient fails without reasonable excuse to comply with the notice by furnishing a statutory statement of ownership under this Schedule, he shall be guilty of an offence.
(3) If in compliance with or in response to the notice, any person furnishes a statement which is false in a material particular, and does so recklessly or knowing it to be false in that particular, he shall be guilty of an offence.
(4) If the fixed penalty is paid by any person before the date on which proceedings are begun against the recipient for an offence under sub-paragraph (2) above in respect of a failure to comply with the notice, the payment of the penalty shall discharge any liability of the recipient for that offence.
(5) Without prejudice to paragraph 3(1) of this Schedule—
(a) conviction of any person of the offence specified in the notice shall discharge both the liability of any other person (under this Schedule or any other enactment) for that offence and the liability of any person for an offence under sub-paragraph (2) above in respect of a failure to comply with the notice; and
(b) conviction of the recipient of an offence under sub-paragraph (2) above in respect of a failure to comply with the notice shall discharge the liability of any person for the offence specified in the notice.
(6) Except as provided by sub-paragraphs (4) and (5) above, nothing in paragraph 5 of this Schedule or this paragraph shall affect the liability of any person for an offence specified in a notice under sub-paragraph (6) of that paragraph.
Hired vehicles
7 (1) This paragraph shall apply where—
(a) a notice under paragraph 5(6) of this Schedule has been served on a vehicle-hire firm, and
(b) at the relevant time the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this paragraph applies.
(2) Where this paragraph applies, it shall be a sufficient compliance with the notice served on the vehicle-hire firm if the firm furnishes to the chief officer of police by or on behalf of whom the notice was served a statement in the prescribed form, signed by or on behalf of the vehicle-hire firm, stating that at the relevant time the vehicle concerned was hired under a hiring agreement to which this paragraph applies, together with—
(a) a copy of that hiring agreement, and
(b) a copy of a statement of liability under this Schedule in the prescribed form, signed by the hirer under that hiring agreement;
and accordingly, in relation to the vehicle-hire firm on whom the notice is served, the reference in paragraph 6(2) above to a statutory statement of ownership under this Schedule shall be construed as a reference to a statement under this sub-paragraph together with the copies specified in this sub-paragraph.
(3) If, in a case where this paragraph applies, the vehicle-hire firm has complied with the notice served on the firm by furnishing the statement and copies of the documents specified in sub-paragraph (2) above, then paragraphs 5 and 6 of this Schedule shall have effect as if in those paragraphs—
(a) any referecnee to the owner of the vehicle were a reference to the hirer under the hiring agreement, and
(b) any reference to a statutory statement of ownership under this Schedule were a reference to a statutory statement of hiring under this Schedule (as defined by paragraph 9 below).
(4) Where, in compliance with a notice under paragraph 5(6) of this Schedule, a vehicle-hire firm has furnished copies of a hiring agreement and statement of liability under this Schedule as mentioned in sub-paragraph (2) above, a person authorised in that behalf by the chief officer of police to whom the documents are furnished may, at any reasonable time within 6 months after service of that notice, and on production of his authority, require the production by the firm of the originals of those documents; and if, without reasonable excuse, a vehicle-hire firm fails to produce the original of a document when required to do so under this sub-paragraph, the firm shall be treated as not having complied with the notice under paragraph 5(6) of this Schedule.
(5) This paragraph applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than 6 months (whether or not that period is capable of extension by agreement between the parties or otherwise)X; and any reference in this paragraph to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on terms and conditions specified in it.
(6) Any reference to a statement of liability under this Schedule is a reference to a statement made by the hirer under a hiring agreement to which this paragraph applies to the effect that the hirer acknowledges that he will be liable, as owner of the vehicle, in respect of any offence which may be committed during the currency of the agreement and is an offence committed in respect of a stationary vehicle and falling within any of paragraphs (a) to (c) or within paragraph (f) of paragraph 2(2) of this Schedule (other than the offence, mentioned in paragraph 2(2)(b) above, of obstructing a road).
Time for bringing, and evidence in, proceedings for offences under this Schedule
8 (1) Proceedings in England or Wales for an offence under paragraph 6(3) of this Schedule may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this paragraph more than 3 years after the commission of the offence.
(2) Proceedings in Scotland for an offence under paragraph 6(3) of this Schedule shall not be commenced after the expiry of the period of 3 years from the commission of the offence; but, subject to the foregoing limitation, and not withstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975, any such proceedings may be commenced at any time within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge or, where such evidence was reported to him by a local authority, within 6 months after the date on which it came to their knowledge; and subsection (3) of the said section 331 shall apply for the purposes of this sub-paragraph as it applies for the purposes of that section.
(3) For the purposes of sub-paragraphs (1) and (2) above, a certificate signed by or on behalf of the prosecutor or, as the case may be, the Lord Advocate or the local authority, and stating the date on which evidence such as is mentioned in the sub-paragraph in question came to his or their knowledge, shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(4) Where any person is charged with an offence committed in respect of a stationary vehicle and falling within any of paragraphs (a) to (c) or within paragraph (f) of paragraph 2(2) of this Schedule (other than the offence mentioned in paragraph 2(2)(b) above, of obstructing a road), and the prosecutor produces to the court any of the statutory statements mentioned in paragraph 9 of this Schedule or a copy of a statement of liability under this Schedule purporting—
(a) to have been furnished in compliance with or in response to a notice under paragraph 5(6) of this schedule, and
(b) to have been signed by the accused,
the statement shall be presumed, unless the contrary is proved, to have been signed by the accused and shall be evidence (and, in Scotland, sufficient evidence) in the proceedings of any facts stated in it tending to show that the accused was the owner, the hirer or the driver of the vehicle concerned at a particular time.
Statutory statements under this Schedule
9 (1) A statutory statement of ownership under this Schedule is a statement in the prescribed form, signed by the person furnishing it and stating—
(a) whether he was the owner of the vehicle at the relevant time; and
(b) if he was not the owner of the vehicle at the relevant time, whether he ceased to be the owner before, or became the owner after, the relevant time, and, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or, as the case may be, the name and address of the person from whom, and the date on which, he acquired it.
(2) A statutory statement of hiring under this Schedule is a statement in the prescribed form signed by the person furnishing it, being the person by whom a statement of liability under this Schedule was signed, and stating—
(a) whether at the relevant time the vehicle was let to him under the hiring agreement to which the statement of liability refers; and
(b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
(3) A statutory statement of facts under this Schedule is a statement which is in the prescribed form and which—
(a) states that the person furnishing it was the driver of the vehicle at the relevant time and is signed by him; or
(b) states that that person was not the driver of the vehicle at the relevant time, states the name and address of the person who was the driver of the vehicle at the relevant time and is signed both by the person furnishing it and by the person stated to be the driver of the vehicle at the relevant time.
Service of notices
10 (1) A notice under paragraph 5(6) of this Schedule may be served on any person—
(a) by delivering it to him or by leaving it at his proper address, or
(b) by sending it to him by post;
and, where the person on whom such a notice is to be served is a body corporate, it shall be duly served if it is served on the secretary or clerk of that body.
(2) For the purposes of sub-paragraph (1) above and of section 7 of the Interpretation Act 1978 (references to service by post) in its application to that sub-paragraph the proper address of any person on whom such a notice is to be served—
(a) shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body or the registered address of the person who is the registered keeper of the vehicle concerned at the time of service, and
(b) shall in any other case be the last known address of the person to be served.
(3) For the purposes of sections 1(2) and 2(1) of the Magistrates’ Courts Act 1980 (power to issue summons or warrant and jurisdiction to try offences) any offence under paragraph 6(2) of this Schedule shall be treated as committed at any address which at the time of service of the notice under paragraph 5(6) of this Schedule to which the offence relates was the accused’s proper address (in accordance with sub-paragraph (2) above) for service of any such notice, as well as at the address to which any statutory statement furnished in response to that notice is required to be returned in accordance with the notice.
Interpretation
11 (1) In this Schedule—
“appropriate period”, in relation to a notice under paragraph 5(6) of this Schedule, means the period of 14 days from the date on which the notice is served, or such longer period as may be allowed by the chief officer of police by or on behalf of whom the notice is served;
“driver”, in relation to the alleged offence referred to in paragraph 5(1) of this Schedule, means the person by whom, assuming the alleged offence to have been committed, it was committed;
“the interim period” has the meaning assigned to it by paragraph 1 of this Schedule;
“relevant time”, in relation to the alleged offence referred to in paragaph 5(1) of this Schedule, means the time at which the offence is alleged to have been committed.
(2) For the purposes of this Schedule the owner of a vehicle shall be taken to be the peson by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of this Schedule, who was the owner of the vehicle at any time, it shall be presumed that the owner was the person who was the registered keepr of the vehicle at that time.
(3) Notwithstanding the presumption in sub-paragraph (2) above it shall be open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time, and it shall be open to the prosecution to prove that the vehicle was kept by some other person at that time.
(4) References in this Schedule to the person who was or is the registered keeper of a vehicle at any time are references to the person in whose name the vehicle was or is at that time registered under the Vehicles (Excise) Act 1971; and, in relation to any such person, the reference in paragraph 10(2)(a) above to that person’s registered address is a reference to the address recorded in the record kept under that Act with respect to that vehicle as being that person’s address.
Transitional provisions
12 For the purposes of the provisions of the Interpretation Act 1978 in their application to this Act, and for the purposes of paragraphs 1 to 6 of Schedule 10 to this Act—
(a) paragraphs 1 to 11 of this Schedule shall be taken to be enactments by which enactments repealed by this Act are re-enacted (with or without modification), and
(b) those paragraphs shall be taken to be provisions corresponding to enactments so repealed,
notwithstanding that the operation of those paragraphs of this Schedule is limited by reference to the interim period.
Section 146.
THE ROAD TRAFFIC ACT 1960 (c. 16)
1 In section 253(11), for “section 78 of the Road Traffic Regulation Act 1967” substitute “ section 86 of the Road Traffic Regulation Act 1984 ”.
THE LONDON GOVERNMENT ACT 1963 (c. 33)
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE COUNTRYSIDE (SCOTLAND) ACT 1967 (c. 86)
3 In section 51—
(a) in subsection (1), for the words from “local authorities” to “1967” substitute “ local highway authorities in Scotland by section 32 of the Road Traffic Regulation Act 1984 ”; and
(b) in subsection (2), for “sections 28, 29, 31, 32, 52, 53 and 96 of the said Act of 1967” substitute “ sections 32, 33, 35, 41, 101 and 102 of the Road Traffic Regulation Act 1984 ”.
THE LONDON CAB ACT 1968 (c. 7)
4 In section 3(2), for “1967” substitute “ 1984 ”.
THE COUNTRYSIDE ACT 1968 (c. 41)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE TRANSPORT ACT 1968 (c. 73)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 117(5), for the words from “12” to the end of the subsection substitute “ or 14 of the Road Traffic Regulation Act 1984 ”.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 In section 42, the reference to any of the provisions of the Transport (London) Act 1969 shall be construed as including a reference to any provision of this Act which repeals and re-enacts (with or without modification) any provision of the said Act of 1969.
THE CHRONICALLY SICK AND DISABLED PERSONS ACT 1970 (c. 44)
10 In section 20(1)(b), for “1967” substitute “ 1984 ”.
11 In section 21—
(a) in subsection (1), for the words from “section 84C” to “Transport Act 1968)” substitute “ Part III of Schedule 9 to the Road Traffic Regulation Act 1984 ”;
(b) in subsection (7)(c), after “before” insert “ the time when ” and after “or” insert “ at that time ”; and
(c) in subsection (8), for “1967” substitute “ 1984 ”.
THE PENSIONS (INCREASE) ACT 1971 (c. 56)
12 In paragraph 51(b) of Schedule 2, after “1967” insert “ or section 95(1) of the Road Traffic Regulation Act 1984 ”.
13–28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE LAND COMPENSATION ACT 1973 (c. 26)
29 In section 20—
(a) in subsection (6), after “1967” insert “ or section 6 of the Road Traffic Regulation Act 1984 ”; and
(b) in subsection (12), for “1967” substitute “ 1984 ”.
THE CONTROL OF POLLUTION ACT 1974 (c. 40)
30 In section 23—
(a) in subsection (2A), for “1967” substitute “ 1984 ”;
(b) in subsection (4), for “sections 20, 52 and 53 of the Road Traffic Regulation Act 1967” substitute “ sections 99 to 102 of the Road Traffic Regulation Act 1984 ”; and
(c) in subsection (9), for the words from “sections” to the end of subsection substitute “ sections 46(2)(a), 142(1) and 64(1) of the Road Traffic Regulation Act 1984. ”.
THE ROAD TRAFFIC ACT 1974 (c. 50)
31 In section 17—
(a) in subsection (6)(a), for “the 1967 Act” substitute “ the Road Traffic Regulation Act 1984 ”; and
(b) in subsection (9), for “section 54 of the 1967 Act” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
THE GREATER LONDON COUNCIL (GENERAL POWERS) ACT 1974 (c. xxiv)
32 In section 15—
(a) in subsection (2)(a), for “section 80(1)(b) of the Act of 1967” substitute “ Schedule 12 to the Road Traffic Regulation Act 1984 ”; and
(b) in subsection (12)—
(i) for “section 71 of the Act of 1967” substitute “ section 81 of the Road Traffic Regulation Act 1984 ”; and
(ii) for “section 74 of the Act of 1967” substitute “ section 84 of that Act ”.
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 (c. 57)
34 In section 7(3), for “Section 84C(1) to (5) and (6) of the Road Traffic Regulation Act 1967” substitute “ Paragraphs 20 to 23, paragraph 24 (except so much of it as relates to appeals by district councils) and paragraph 25 of Schedule 9 to the Road Traffic Regulation Act 1984 ”, and for “subsections (1) and (5) of that section” substitute “ paragraphs 20(1) and 24(a) and (b) of that Schedule ”.
35 In section 44—
(a) in subsection (1), in the definition of “traffic sign”, for “1967” substitute “ 1984 ”; and
(b) in subsection (5), for “or 37(2)(c) of this Act” substitute “ of this Act or section 61(2)(c) of the Road Traffic Regulation Act 1984 ”.
36 In section 64(2), for “section 54 of the Road Traffic Regulation Act 1967” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
THE CRIMINAL JUSTICE (SCOTLAND) ACT 1980 (c. 62)
37 At the end of Schedule 1 the following entry shall be inserted as follows in columns 1, 2 and 3—
Column1 | Column2 | Column3
The Road Traffic Regulation Act 1984. | Two police officers who have tested the apparatus. | The accuracy of any particular—(a) speedometer fitted to a police vehicle;(b) odometer fitted to a police vehicle;(c) radar meter; or(d) apparatus for measuring speed, time or distance, identified in the certificate by reference to its number or otherwise.
THE LOCAL GOVERNMENT, PLANNING AND LAND ACT 1980 (c. 65)
38 In Schedule 7—
(a) in paragraph 14(3) and (4), for “1967” substitute “ 1984 ”; and
(b) in paragraph 14(4), for “section 104(1)” substitute “ section 142 ”.
THE HIGHWAYS ACT 1980 (c. 66)
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 In section 42(2)(c), for “section 71 of the Road Traffic Regulation Act 1967” substitute “ section 81 of the Road Traffic Regulation Act 1984 ”, . . .
41 In section 60(1), for “section 12 of the Road Traffic Regulation Act 1967” substitute “ section 14 of the Road Traffic Regulation Act 1984 ”.
42 In section 90F(2), for “1967” substitute “ 1984 ”.
43 In section 115(6)—
(a) for “Section 31 of the Road Traffic Regulation Act 1967” substitute “ Section 35 of the Road Traffic Regulation Act 1984 ”;
(b) for “section 28” substitute “ section 32 ”;
(c) for “sections 84A, 84B, 84C, 84D and 85 of” substitute “ section 112 of and Parts I, II, III and IV of Schedule 9 to ”;
(d) for “the said section 31”, wherever it occurs, substitute “ the said section 35 ”;
(e) in paragraph (b), for “section 84D” substitute “ Part IV of Schedule 9 ”; and
(f) in paragraph (c), for “section 85(2)” substitute “ section 112(2) ”.
44 In section 115A(2), for “1967” substitute “ 1984 ”.
45 In section 265(10), for “21 and 75 of the Road Traffic Regulations Act 1967” substitute “ 23 and 85 of the Road Traffic Regulation Act 1984 ”.
46 In section 285(3), for “1967” substitute “ 1984 ”, and for “section 84A(2) or (4) of” substitute “ paragraph 3 or paragraph 7 of Schedule 9 to ”.
47 In section 329(1), in the definition of “traffic sign”, for “section 54 of the Road Traffic Regulation Act 1967” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
48, 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50, 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52 In Schedule 10, in Part II, in paragraph 9(1), for “1967” substitute “ 1984 ”.
THE WILDLIFE AND COUNTRYSIDE ACT 1981 (c. 69)
53 In section 54, for “1967” substitute “ 1984 ”.
54–56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE LEVEL CROSSINGS ACT 1983 (c. 16)
57 In section 1(11), in the definition of “traffic sign”, for “1967” substitute “ 1984 ”.