Editorial note: The version of the Act reproduced here is not the version of the Act as it was originally enacted. while at a hospital as a patient if the medical practitioner in Power of certain traffic authorities in respect of traffic signs. (5)In this Act " invalid carriage " means a mechanically propelled vehicle the weight of which unladen does not exceed five hundredweight and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person. A direction given in a case falling within subsection (1)(a) above shall be given by means of an order made by the appropriate Minister after giving public notice of his intention to make an order. Provided that no requirement may be made by virtue of (7)Any power conferred by this section to place any obstruction or authorise or require any authority to place any obstruction includes power to maintain or light, or, as the case may be, authorise or require the authority to maintain or light, the obstruction. Road Safety Act, 1967. A local authority shall keep an account of their income and expenditure in respect of parking places designated by designation orders for which they are the local authority. Proof, in summary proceedings, of identity of driver of vehicle, it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 15 of the Justices of the Peace Act 1949, that a requirement under the said section 85(2) to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post, and. (a)in relation to parking places designated by virtue of this subsection references in sections 36 and 37 of this Act to the local authority shall be construed as references to the Greater London Council; (b)if the Greater London Council enter into an agreement with the local authority for the transfer to the local authority of the operation of any parking place so designated, the operation thereof, and such apparatus or other things held by, and rights or liabilities of, the Greater London Council in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the Greater London Council) as may be so specified; (c)from the taking effect of any such transfer of the operation of a parking place the order designating the parking place shall have effect subject to such modifications (if any) as the Greater London Council may direct, being modifications appearing to them requisite in consequence of the transfer, and the provisions of this section and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking place had been designated by order made on the application of the local authority. of the weight of its load is borne by the drawing vehicle. The necessary preparatory work … (7)Subject to sections 84A, 84B and 84C of this Act, in any case where it appears to the authority concerned to be expedient so to do having regard to any objections duly made in respect of proposals made by that authority for a designation order or, where that authority are the Greater London Council, in respect of an application made to that Council for such an order, they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected or in respect of any part of any of those sites and postpone for further consideration the making of any further order in pursuance of the proposals or application. 22For the purposes of paragraphs 20 and 21 above, two wheels of a vehicle shall be regarded as one wheel if the distance between the centres of their respective areas of contact with the road is less than 18 inches. (6)The Minister shall not have power under this section to impose a speed limit, as respects driving on roads not being restricted roads for the purposes of the said section 71, on a vehicle which is constructed solely for the carriage of passengers and their effects, is not adapted to carry more than seven passengers exclusive of the driver, is not a heavy motor car, is not an invalid carriage, is not drawing a trailer, and is fitted with pneumatic tyres on all its wheels. (2) If an accident occurs owing to the presence of a In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—. Sections 46,47 and 48 of this Act shall apply to the council of a borough included in a rural district as they apply to a parish council, and in their application to the council of a borough so included references therein to the parish shall be construed as references to the borough. The Minister may by regulations vary in relation to vehicles used for naval, military or air force purposes while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown the provisions of any statutory provision imposing a speed limit on motor vehicles; but regulations under this subsection may provide that any variation made by the regulations shall have effect subject to such conditions as may be specified in the regulations. (2)Land compulsorily acquired by a local authority otherwise than for the provision of an off-street parking place and not appropriated for a purpose other than that for which it was acquired shall not be used, by them for the provision of an off-street parking place thereon for a period exceeding twelve months except with the consent of the Minister of the Crown who, at the time when his consent is sought, is the Minister concerned with the function for the purposes of which the land was acquired. laboratory test—, (a (a)any part of a recreation ground provided or maintained by the council under section 8 of the Local Government Act 1894; (b)any part of an open space controlled or maintained by the council under the 6pen Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place; (c)any part of any land provided by the council as a playing field or for any other purpose under section 4 of the Physical Training and Recreation Act 1937: Provided that any part so appropriated shall not exceed one-eighth of the total area of the recreation ground, open space or land concerned, or eight hundred square feet, whichever is the less. as respects a trunk road, the appropriate Minister; as respects a road, not being a trunk road, the local authority. A local authority shall have power to make such reasonable charges for the use of a parking place, not being part of a street, as a station for public service vehicles as may be fixed by the local authority, so however that if the public service vehicle licence holder in respect of any vehicles using the parking place as a station considers that the charges fixed are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction thereof, the charges in respect of those vehicles shall be such as may be determined by the appropriate traffic commissioners. (2)Any such regulations or order as are or is referred to in subsection (1) above shall be so framed as to secure that a power of disposal conferred thereby shall not be exercisable in the case of a vehicle unless there have been taken by the competent authority such steps and there has elapsed such period (not being less than six weeks) beginning with the taking of the first of them as may be prescribed by the regulations or order, being steps and a period whose respective taking and lapse will, in the opinion of the Minister of the Crown or other the authority making the regulations or order, together suffice for securing adequate opportunity for enabling the vehicle to be claimed. (a)shall include obstructions of any description whatsoever ; (c)may be placed so as to prevent the passage of vehicles either at all times or at certain times only; and where the powers conferred by that subsection have been exercised with respect to two or more points of a road so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing, of further obstructions on that stretch of road ; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of foot passengers past the point or along the stretch of road in question and shall not be of such a nature that the reopening of the road in question to vehicles would be unreasonably difficult or as to alter the nature of the surface of the road. ) in any other case, if it is shown that at that time he Complete the form below to see if you already have access through your law firm, professional association or academic institution: To create an account, we need to validate your email address. Where in the case of any order proposed to be made by the Greater London Council under or by virtue of any of the following provisions of this Act, namely, sections 6, 9, 31, 33, 35, 36, 37, 73(3) and 74, it is proposed to include in the order any provision such as is mentioned in paragraphs (b) to (f) of subsection (1) above, then, except where the provision is to be included in pursuance of a direction under section 84A(1) of this Act, the order shall not be made except with the consent of the Minister. (2)A trunk road or classified road is not a restricted road for the purposes of the said section 71 by reason only of the provision thereon of such a system of street lighting as aforesaid unless such a system was provided thereon before 1st July 1957. (8)For the purposes of the Telegraph Acts 1863 to 1962 an underground parking place situate under a road which is provided and maintained under this section shall be deemed to be a subway within the meaning of section 6 of the Telegraph Act 1878. (2) vehicles fitted with pneumatic tyres, equipped with springs and wings and which satisfy the conditions as to brakes and weight specified in paragraph 20(a), (c) and (d) below or such vehicles drawing a trailer so fitted and equipped and which satisfies the conditions as to brakes specified in paragraph 20(b) below if the further conditions as to the weight of a vehicle and trailer specified in paragraph 20(e) below are complied with, (4) if not fitted with resilient tyres or drawing trailers not so fitted, 10. (7)In this Act " light locomotive " means a mechanically propelled vehicle which is not constructed itself to carry a load, other than any of the articles aforesaid, and the weight of which unladen does not exceed eleven tons and a half but does exceed seven tons and a quarter. Without prejudice to section 26A of this Act, this section shall not apply to Greater London. (b)if satisfied that the designation order, or any provision of that order, is not within the said powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the said requirements, may quash the designation order, or any provision of that order, either generally or so far as may be necessary as aforesaid. For prescribing the places where vehicles or vehicles of any class may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under conditions prescribed by the order. [H Laurence Ross] (1)All sums paid to the Secretary of State under section 27 of the Justices of the Peace Act 1949 in respect of fines imposed in respect of offences under the foregoing provisions of this Act or the regulations made thereunder (except offences under section 25(2), 26(6), 26A(5) or 31(5) shall be deemed to be Exchequer moneys within the meaning of the said section 27. If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle or by the driver or person in charge thereof is a document or article in relation to which an offence has been committed under subsection (1) above (so far as that subsection relates to such authorisations as are referred to in that subsection) or under subsection (3) above, he may detain that document or article and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article ; and if the driver or person in charge of the vehicle fails to comply with that requirement he shall be liable on summary conviction to a fine not exceeding £50. Designation orders outside Greater London, A designation order made in respect of highways in any area outside Greater London may include such provisions—, for any of the purposes specified in paragraphs (a) to (c) of section 1(3) of this Act, or. proposal to make the requirement or objects to the provision —(2) Anything authorised or required by the provisions of sections 35, 36 and 37 of this Act to be prescribed or to be done by order may, save as otherwise expressly required, be prescribed or done either by a designation order or by a general order. shall consider any objections made to that order; and. 35 and 36, Where, under a designation order, vehicles may not be left at all times in the parking place designated by it—. (1)Any power conferred by this Act on the Minister, the Minister of Housing and Local Government or a Secretary of State, or on the Minister and the Secretary of State acting jointly, to make regulations shall be exercisable by statutory instrument. (6)In England or Wales, a local authority may institute proceedings for offences in connection with parking places provided by the authority, or provided under any letting or arrangements made by the authority under section 29(6) of this Act, being offences under subsection (3) or (5) above. as prejudicing the provisions of section 6(4) of the principal Act as respects roads not being trunk roads, shall be the local authority, that is to say, in England or Wales, the council of a county borough ; as respects any non-county borough or urban district having a population of over 20,000 according to the last census for the time being, the council of the borough or urban district; and as respects any other area the council of the county; and in Scotland a county council or a town council; as respects trunk roads, shall be the appropriate Minister; Subject to subsections (3A) and (4) below, the provision which may be made by a traffic regulation order shall be any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by vehicular traffic or by such traffic of any class specified in the order, either generally or subject to exceptions so specified, and either at all times or at times, on days or during periods so specified, and, without prejudice to the generality of this subsection, any provision—. (2)At the end of each financial year any deficit in the account shall be made good out of the general rate fund and any surplus shall be applied for all or any of the purposes specified in subsection (3) below, and in so far as not so applied shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to the carrying out thereof: Provided that if the local authority so determine any amount not applied in any financial year may instead of being or remaining appropriated as aforesaid be carried forward in the account kept under subsection (1) above to the next financial year, but shall not be carried forward from one quadrennial period to another without the consent of the appropriate Minister. (a)the making good to the general rate fund of any amounts charged to that fund under subsection (2) above in the four years immediately preceding the financial year in question; (b)meeting all or any part of the cost of the provision and maintenance by the local authority of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover; (c)the making to other local authorities, to any county council, to the Greater London Council or, with the consent of the appropriate Minister, to other persons, of contributions towards the cost of the provision and maintenance by them in the area of the local authority or elsewhere of parking accommodation for vehicles otherwise than on highways and whether in the open or under cover; (d)if it appears to the local authority that the provision in their area of further parking accommodation for vehicles otherwise than on highways is for the time being unnecessary or undesirable, the following purposes, namely—. (i)meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services; (ii)purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the Highways Act 1959 constitutes the improvement of a highway in the local authority's area or, in the case of an authority in Scotland, of any work or operation on any highway in the local authority's area which is authorised by any of the enactments specified in subsection (3A) below. For enabling any police, local or other public authority, in the event of any person failing to do anything which under the order he ought to have done, to do such act, and to recover the expenses thereof from the person so in default summarily as a civil debt. A local authority may on such terms as they think fit—, let land on which they could erect or adapt a building for the purpose of providing an off-street parking place with a view to some other person's doing so ; or. as respects England and Wales, means as regards a county borough or a non-county borough or urban district having a population according to the last census for the time being of over 20,000 and any other non-county borough or urban district or any rural district the council of which the Minister may by order declare to be a local authority for the purposes of this section, the council of the borough or district, and as regards any other area the council of the county; as respects Scotland, means in a burgh the magistrates thereof and in a county the council thereof. (5)In this section " the competent authority " means—. whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to parking places designated by designation orders. For the purposes of the Telegraph Acts 1863 to 1962 an underground parking place situate under a road which is provided and maintained under this section shall be deemed to be a subway within the meaning of section 6 of the Telegraph Act 1878. to provide it or a warning under subsection (10) of this section (a)the motor tractor, or, as the case may be, the locomotive, shall be equipped with an efficient braking system having two means of operation or with two efficient braking systems each having a separate means of operation, the system or systems being so designed and constructed that, notwithstanding the failure of any part (other than a fixed member or a brake shoe anchor pin) through or by means of which the force necessary to apply the brakes is transmitted, there is still available for application by the driver to not less than half the number of the wheels of the vehicle brakes sufficient under the most adverse conditions to bring it to rest within a reasonable distance ; (b)the trailer shall be equipped with an efficient braking system so constructed—, (i)that when the trailer is being drawn the brakes are capable of being applied by the driver of the drawing vehicle to at least two of the wheels of a trailer having not more than four wheels and to at least four, but not less than half, of the wheels of a trailer having more than four wheels, and. (1)Without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this section, and except where the order is made in pursuance of a direction given by the appropriate Minister under section 84A(1) of this Act, before the Greater London Council or any other local authority make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 5, 6, 9, 15, 26, 26A, 28, 31, 33, 35, 36, 37, 73(3) and 74, they shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and if the order in question falls to be submitted to the appropriate Minister for his consent under section 84B of this Act, the authority shall so consult before so submitting the order. 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