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Legislation.
The principal enactments relating to road traffic are the Road Traffic Act 1988, the Road Traffic Offenders Act 1988 and the Road Traffic (Consequential Provisions) Act 1988 ('the Road Traffic Acts'), which came into force on 15 May 1989 and which consolidated earlier legislation.
These Acts have been amended and extended by the Road Traffic Act 1991.
Many detailed provisions are contained in subordinate legislation. Nothing in these Acts authorises a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or affects the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
Separate enactments govern the taxation, licensing and registration of all road vehicles and the operation and special licensing of goods vehicles and passenger vehicles. There is also legislation containing powers for controlling traffic, parking, speed limits and other matters.
Some statutes remain in force which were enacted when road traffic was principally horse drawn. The older statutes include the provisions of the Town Police Clauses Act 1847 relating to hackney carriages, a number of provisions applying in London, principally those relating to hackney carriages or cabs, and some minor provisions relating to stage carriages.
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1 'The Road Traffic Acts' means the Road Traffic Act 1988, the Road Traffic Offenders Act 1988 and the Road Traffic (Consequential Provisions) Act 1988 so far as it reproduces the effect of the repealed earlier legislation: Road Traffic Act 1988 s 192(1); Road Traffic Offenders Act 1988 s 98(1); Road Traffic (Consequential Provisions) Act 1988 s 1(1).
2 Road Traffic Act 1988 s 197(2); Road Traffic Offenders Act 1988 s 99(2); Road Traffic (Consequential Provisions) Act 1988 s 8(2).
3 For the repealed enactments see the Road Traffic (Consequential Provisions) Act 1988 s 3(1), Sch 1 Pt I; for consequential amendments see s 4, Schs 2, 3; and for transitional provisions, including savings for things done or begun under repealed enactments and the construction of references see ss 2, 5, Sch 4. Certain enactments remain in part unrepealed: see eg the Road Traffic Act 1930 Pt V (ss 101–109) (as amended) (see para 910 post), which deals with the powers of local authorities to operate public service vehicles.
4 As to the exercise of powers to make regulations see para 39 post.
5 For the meaning of 'road' see para 6 post.
6 As to public and private nuisance and liability for it see highways, streets and bridges vol 21 (2004 Reissue) paras 322–339; and as to the distinction between public and private nuisance see nuisance vol 34 (Reissue) paras 5, 7.
7 For the meaning of 'driver' see para 7 post.
8 For the meaning of 'owner' see para 7 post.
9 Road Traffic (Consequential Provisions) Act 1988 s 7. Similar provision has been made in respect of the Public Passenger Vehicles Act 1981 (see s 85 (applied to the Transport Act 1985 Pts I, II (ss 1–46) (as amended) by s 128); the Road Traffic Regulation Act 1984 (see s 143); and the Goods Vehicles Licensing of Operators) Act 1995 (see s 54).
10 See the Vehicle Excise and Registration Act 1994; and para 290 et seq post.
11 See the Goods Vehicles (Licensing of Operators) Act 1995; and para 960 et seq post. The Road Traffic Act 1988 also includes provisions as to the parking of heavy commercial vehicles (see ss 19, 20; and paras 19, 700 post), the testing, plating and type approval of goods vehicles (see ss 49–65A (as amended); and para 428 et seq post) and the licensing of drivers of large goods vehicles (see Pt IV (ss 110–122) (as amended); and para 271 et seq post).
The Road Traffic Regulation Act 1984 contains provisions restricting the use on roads of heavy commercial vehicles (see para 9 post): see s 122(2)(b) (see para 501 post); and the reserve powers of the Secretary of State in s 124(1), Sch 9 Pt I para 5 (as amended) (see para 504 post). Further legislation is contained in the International Road Haulage Permits Act 1975 (see para 975 post), and certain provisions of the Transport Act 1968: see further para 1021 et seq post. As to stamp duty under the Transport Act 1968 see s 160 (amended by the Finance Act 1973 s 59(7), Sch 22 Pt V; the Transport Act 1985 s 57(6), Sch 3 para 20; the Finance Act 1988 s 148, Sch 14 Pt XI; and the Railways Act 1993 s 152(3), Sch 14). As to expenses paid out of moneys provided by Parliament under the Transport Act 1968 see s 163.
12 See the Public Passenger Vehicles Act 1981 and the Transport Act 1985, which continue the system of licensing under the traffic commissioners which was originally enacted under the Road Traffic Act 1930: see para 823 et seq post. The Road Traffic Regulation Act 1984 provides for the regulation of the use of highways by public service vehicles: see s 19 (as amended): and para 535 post.
13 See the Road Traffic Regulation Act 1984; the Road Traffic Act 1991; and para 485 et seq post. The operation of tramcars is, in general, controlled by the Tramways Act 1870: see paras 1174–1180 post.
14 Ie the Town Police Clauses Act 1847 ss 37–66, 68 (all as amended): see para 1056 et seq post.
15 See the London Hackney Carriage Act 1831, the London Hackney Carriages Act 1843, the London Hackney Carriages Act 1850, the London Hackney Carriage Act 1853, the London Hackney Carriage (No 2) Act 1853, the Metropolitan Public Carriage Act 1869, the London Cab Act 1896, and the London Cab and Stage Carriage Act 1907. As to the law relating to hackney carriages see para 1055 et seq post.
16 See eg the Stage Carriages Act 1832, which is repealed except as it applies to the Blackpool tramway system. Provision limited to animal drawn vehicles is found in the Highways Act 1959 s 309, Sch 22; continued in effect by the Highways Act 1980 s 340(1).
UPDATE
2 The legislation
note 15—London Hackney Carriage (No 2) Act 1853 repealed: Statute Law (Repeals) Act 2004.
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