Heavy Commercial Vehicles (Controls and Regulations) Act 1973

JurisdictionUK Non-devolved
Citation1973 c. 44


Heavy Commercial Vehicles(Controls and Regulations)Act 1973

1973 CHAPTER 44

An Act to make new provisions governing the construction and use of heavy commercial vehicles, and to control the movement and parking of such vehicles.

[25th July 1973]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Control of heavy commercial vehicles.

1 Control of heavy commercial vehicles.

(1) In section 1 (traffic regulation orders outside Greater London) of the Road Traffic Regulation Act 1967 (in this section Referred to as ‘the 1967 Act’) after subsection (3A) there shall be inserted the following subsections:—

(3AA) A local authority (as defined in subsection (2)(a ) above) may include in a traffic regulation order any such provision—

(a ) specifying through routes for heavy commercial vehicles; or

(b ) prohibiting or restricting the use of heavy commercial vehicles (except in such cases (if any) as may be specified in the order) in such zones or on such roads as may be so specified,

as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.

(3AB) Nothing in subsection (3AA) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on a local authority or the Secretary of State otherwise than by virtue of that subsection.’.

(2) In subsection (6) of the said section 1, after the words ‘traffic on the road’ there shall be inserted the words ‘or for preserving or improving the amenities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,’.

(3) After that section there shall be inserted the following section:—

S-1A

1A ‘Duty of local authority to take measures for control of heavy commercial vehicles.

(1) It shall be the duty of every local authority (as defined in section 1(2)(a ) above) as soon as possible after the relevant date, to carry out a survey of their area and to formulate written proposals, on the basis of the survey and of consultations under subsection (2) below, for the regulation by means of an order or orders made under section 1(3AA) above of the use of roads in their area by heavy commercial vehicles so as to preserve or improve the amenities of their area.

In this subsection ‘the relevant date’ means, for an authority whose area is in England or Wales, 1st April 1974, and for an authority whose area is in Scotland, 16th May 1975.

(2) In formulating proposals under subsection (1) above, an authority shall consult such other councils, such chief officers of police and such bodies representative of—

(a ) persons concerned with the preservation of amenities or the natural beauty of the countryside; and

(b ) persons engaged in the operation of heavy commercial vehicles; and

(c ) persons engaged in other commercial or industrial activities; and

(d ) the trade unions representing drivers of heavy commercial vehicles,

as appear to them to be appropriate.

(3) It shall be the duty of an authority to publish in respect of their area in accordance with regulations under section 84C below a draft order or orders for the purpose mentioned in subsection (1) above—

(a ) if their area is in England or Wales, not later than 1st January 1977 or such later date as the Secretary of State may in their case authorise; and

(b ) if it is in Scotland not later than 1st January 1978 or such later date as the Secretary of State may in their case authorise,

and thereafter to proceed in accordance with those regulations to make such an order or orders.’.

(4) In section 5(3) of the 1967 Act (orders for purpose of general scheme of traffic control) after paragraph (b ) there shall be inserted the following paragraph:—

‘(bb ) takes adequate account of the effect of heavy commercial vehicles on amenities: and’.

(5) For paragraph (b ) of section 84(1) of that Act (general duty of Greater London Council and other local authorities with respect to road traffic) there shall be substituted the following paragraph:—

‘(b ) the effect on the amenities of any locality affected and, without prejudice to the generality of this paragraph, the importance of regulating and restricting the use of roads by heavy commercial vehicles so as to preserve or improve the amenities of the areas through which the roads run,’.

(6) After section 84A(2) of that Act (reserve powers of Secretary of State) there shall be inserted the following subsection:—

(2A) Subsections (1) and (2) above shall have effect, in any case in which it appears to the Secretary of State—

(a ) that a local authority (as defined in section 1(2)(a ) above)—

(i) have published a draft order under section 1A(3) above which is unsatisfactory for the purpose of discharging any duty to control heavy commercial vehicles imposed on them by this Act or are otherwise in default in the discharge of any such duty; or

(ii) have by unreasonable delay made it certain or likely that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT