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Jump to it traffic census

28th February 1975
Page 41
Page 41, 28th February 1975 — Jump to it traffic census
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Which of the following most accurately describes the problem?

by Les Oldridge TEng (CEI), MIMI,AMIRTE ALTHOUGH the Road Traffic Act 1974 was passed in July 1974 it did not come into effect immediately. The Road Traffic Act 1974 (Commencement No. 1) Order 1974, however, brought most of its provisions into operation on January 1 1975. Some other parts come into effect on March 1 1975 and some sections are still awaiting a commencement date. Now seems to be a good time to review this new law so let us first look at those sections which came into effect on the January 1 this year.

Section 6 of the new Act inserts a new Section 22A into the Road Traffic Act .1972, to deal with traffic control by the police at census points. It provides that where a traffic survey of any description is carried out on or in the vicinity of a road, a traffic direction given to a driver by a police constable is to be regarded as a direction given by him in the execution of his duty and at a time when he is engaged in the regulation of traffic. This means that when a policeman signals to a driver to stop or to keep in a line of traffic at a traffic survey, the driver commits an offence if he fails to obey. Before this section became law this was not the case and at least one motorist was acquitted when charged with disobeying a policeman's signal under these circumstances.

The new section emphasizes the point that although the police officer's direction must be obeyed this does not include a direction to furnish any information for the purposes of the traffic survey.

Section 9 ( I ) and (2) came into effect on January 1, but this Section is not important to behicle users as it is only enables vehicle lighting to be dealt with in the C and U Regulations. Section 10 extends type approval to all vehicles and vehicle parts.

Section 11 amends Section 60 of the Road Traffic Act 1960. This section makes it an offence to sell, supply or offer to sail or supply a vehicle in an unroadworthy condition. Section 11 of the 1974 Road Traffic Act now extends this section to cover "exposing a vehicle for sale".

The defects listed in Section 60 are those concerning brakes, steering gear, tyres, tights and reflectors and those respecting the construction, weight and equipment of the vehicle. Any defect falling outside these categories did not bring the seller of the vehicle within the reach of the law. Such serious defects as a cracked chassis or loose wheel's, nuts or hubs were not covered by the section and in consequence anyone selling a vehicle with this sort of defect present could not be prosecuted for selling an unroadworthy vehicle.

This anomaly has now been remedied as Section 11 had added to the list of defects this phrase: "or as respect the maintenance of vehicles, their parts and accessories in such condition that no danger is caused or is likely to be caused". This deals with the vehicle with defects present which would constitute an offence against Regulation 90 of the Motor Vehicle (Construction and Use) Regulations 1973, the regulation which covers any dangerous defect not specifically covered elsewhere in the Regulations.

New offences

Section 12 of the 1974 Act creates new offences of fitting or selling defective or unsuitable vehicle parts. This is arranged by inserting a new section — (60A) into the Road Traffic Act 1972 – reading: "If any person (a) fits a vehicle part to a vehicle, or (b) causes or permits a vehicle part to be fitted to a vehicle, in such circumstances that, by reason of that part being fitted to the vehicle, the use of the vehicle on a road would constitute contravention of, or a failure to comply with any of the Construction and Use requirements he shall he guilty of an offence." Another paragraph makes it an offence to sell or supply or offer to sell or supply a vehicle part which if fitted to a vehicle would put that vehicle in such a condition that an offence would be committed.

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