In the Scottish Courts
| Date | 01 October 1965 |
| DOI | 10.1177/002201836502900406 |
| Published date | 01 October 1965 |
| Subject Matter | Article |
In the Scottish Courts
ROAD
TRAFFIC-TRAFFIC
REGULATION
ORDER-TRAFFIC
SIGNS-
MENS REA
MacLeod e. Hamilton
S
ECT I ON 26 of the Road Traffic Act, 1960, empowers
local authorities to make certain orders for the regulation
of traffic, known as "Traffic Regulation Orders", and section
27 provides, inter alia, that where these orders relate only to
the prohibition of waiting they do not require confirmation by
the Secretary of State.
It
is an offence under Section 26(7) to
use a vehicle in contravention of a traffic
re~lation
order.
Section
29{
I) provides for the making of regulations for pre-
scribing
"the
procedure to be followed in connection with the
making by local authorities of [such] orders". These proce-
dural regulations are contained in the Traffic Regulation Orders
(Procedure) (Scotland), Regulations
1961
and they provide for
the hearing ofobjections to proposed orders and for the publica-
tion of any orders in a local newspaper not later than 14 days
after they have been made. Regulation
15{c)
of these regula-
tions provides further that after an order has been made the
local authority shall "forthwith take all such steps as are
reasonably practicable to cause to be erected . . . traffic signs
in such positions as the [authority] may consider to be re-
quisite for the purpose of securing that adequate information
as to the effect of the order is given . .
."
In
1964 Edinburgh Corporation made an order under
section 26 which prohibited, inter alia, parking in certain
specified streets subject to a number of exceptions set out in
the order. This order was duly made and published in
accordance with the procedural regulations referred to except
that the signs set up in purported compliance with regulation
15{c)
did not conform to the provisions of the Traffic Signs
Regulations and General Directions, 1957.
The
accused in MacLeod 'D. Hamilton
(1965
S.L.T.
(Notes) 65) had admittedly parked her car in one of the
283
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