HC Deb 30 July 1956 vol 557 cc1090-1

Lords Amendments agreed to: In page 24, line 9, after "requirements" insert "restrictions".

In line 13, after "requirements" insert "restrictions".

Lords Amendment: In page 25, line 9, at end insert: (7) In section forty-nine of the Act of 1930 (which makes it an offence to fail to conform to the indication given by certain traffic signs lawfully placed on or near roads) the words 'being a sign for regulating the movement of traffic or indicating the route to be followed by traffic, and being' shall cease to have effect, but for the purposes of that section a traffic sign shall not be treated as having been lawfully placed unless either—

  1. (a) the indication given by the sign is an indication of a statutory prohibition, restriction or requirement,
  2. (b) the sign has been placed in the exercise of the powers conferred by section thirty-one of this Act, or
  3. (c) it is expressly provided by the regulations under section forty-eight of the Act of 1930 prescribing the type of sign in question, or the authorisation under that section authorising the erection or retention of the 1091 sign in question, that the said section forty-nine shall apply to signs of that type, or as the case may be, to that sign,
and where the indication mentioned in paragraph (a) of this subsection is of the general nature only of the prohibition, restriction or requirement to which the sign relates a person shall not be convicted of failure to comply with the indication unless he has failed to comply with the said prohibition, restriction or requirement. (8) So much of subsection (2) of section one hundred and thirteen of the Act of 1930 as provides for imprisonment in the case of second or subsequent convictions shall not apply to convictions of offences under section forty-nine of that Act.

11.30 p.m.

Mr. Molson

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment makes three changes affecting Section 49 of the Road Traffic Act, 1930. That Section makes it an offence for a person driving or propelling a vehicle to fail to conform to the indication given by a traffic sign which is a sign for regulating the movement of traffic or indicating the route to be followed by traffic. and which has been lawfully placed on or near a road under Section 48 of that Act.

The first change is the omission of the words which limit signs which are covered by Section 49. The first sign is a sign for regulating the movement of traffic or indicating the route to be followed by traffic. It is thought that that would not cover a "No Parking" sign and some doubt has been expressed as to whether it would cover a speed limit sign. We wish to bring signs such as those clearly within the scope of those included in the Section.

This Amendment defines all cases of traffic signs placed on or near a road so as to impose a requirement the disregard of which is an offence under Section 49. The reason for doing that is to avoid any question arising whether proceedings should be taken under Section 49 for the disregard of a traffic sign which imposes a requirement not supported by a traffic order or regulation.

It will be appreciated that signs at street intersections and "Halt major road ahead" signs are placed there without any formal order.