Road Traffic Act 1988, section 192

General interpretation of Act

Part VII Miscellaneous and General

(1)In this Act—

  • “bridleway” means a way over which the public have the following, but no other, rights of way: a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way,

  • “carriage of goods” includes the haulage of goods,

  • “cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle,

  • “driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

  • “footpath”, in relation to England and Wales, means a way over which the public have a right of way on foot only,

  • “goods” includes goods or burden of any description,

  • “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted,

  • F1243 “highway authority”, in England and Wales, means—

    (a)

    in relation to a road for which he is the highway authority within the meaning of the Highways Act 1980, the Secretary of State, and

    (b)

    in relation to any other road, the council of the county, metropolitan district or London borough, or the Common Council of the City of London, as the case may be;

  • “international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of [F356 an EU F356] instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road,

  • “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement,

  • F1244 . . .

  • “prescribed” [F1245 (except in section 5A) F1245] means prescribed by regulations made by the Secretary of State,

  • “road”

    (a)

    F1246 , in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, [F1247and

    (b)

    in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,F1247]

  • M49,M50 “the Road Traffic Acts” means the Road Traffic Offenders Act 1988 , the Road Traffic (Consequential Provisions) Act 1988 (so far as it reproduces the effect of provisions repealed by that Act) and this Act,

  • “statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act),

  • M51 “the Traffic Acts” means the Road Traffic Acts and the Road Traffic Regulation Act 1984 ,

  • “traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984 ,

  • M52 “tramcar” includes any carriage used on any road by virtue of an order under the Light Railways Act 1896 , and

  • “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails [F1248 under F1248] power transmitted to it from some external source [F1249 (whether or not there is in addition a source of power on board the vehicle) F1249] .

[F1250 (1A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough; and

(b)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.F1250]

(2)In this Act—

  • “carriageway”

  • “footway”

  • “local roads authority”

  • “public road”

  • F1251 . . .

  • “roads authority”

  • “special road” and

  • “trunk road”,

M53 in relation to Scotland, have the same meanings as in the Roads (Scotland) Act 1984 , and “footpath”, in relation to Scotland, means a way over which the public have a right of way on foot only (whether or not associated with a carriageway).

(3) References in this Act to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever [F1252 and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described F1252] .

Definitions used in section 192 3

motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
trailer

“trailer” means a vehicle drawn by a motor vehicle.

Defined in s.185(1) · see it in the full Act
mechanically propelled vehicle

(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,

Defined in s.21(3) · see it in the full Act

Cases considering section 192 16

Hayling v Harper & Anor

[2003] EWCA Civ 1147 · 2 April 2003Defines

Defines road to include any highway and any other road to which the public has access. This supported treating a public footpath as a road for section 34 and bringing vehicular use within the statutory offence. (see para [15])

Massey v Boulden

[2002] EWCA Civ 1634 · 14 November 2002Interprets

The majority held that a track is an “other road to which the public has access” only where the relevant public access is use of it as a road. General pedestrian access across the surrounding green was insufficient (see paras [23]–[25]).

Inman v Kenny & Anor

[2001] EWCA Civ 35 · 12 January 2001Defines

The statutory definition of “road” was considered through the physical character and function of the place, together with public access. The grassy bank path did not qualify as a road on the facts. (see Lord Justice Peter Gibson's judgment)

2 more judgments, and what each says about section 192, are in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F1243Definition in s. 192(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 107:1), s. 168(1), Sch. 8 para. 121(4)(with s. 25(2)); S.I. 1991/2288, art. 3, Sch.
  2. F356Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
  3. F1244Definition of “petty sessions area" in s. 192(1) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)
  4. F1245Words in s. 192(1) inserted (2.3.2015 for E.W., 1.3.2018 for S.N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 7 (with Sch. 22 para. 8); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  5. F1246In s. 192(1) in the definition of "road", "(a)" inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 78(2)(a); S.I. 1992/1286, art. 2, Sch.
  6. F1247In s. 192(1) in definition of "road" para. (b) and preceding word inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 78(2)(b); S.I. 1992/1286, art. 2, Sch.
  7. F1248In s. 192(1) in the definition of "trolley vehicle" word substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 78(3); S.I. 1992/1286, art. 2, Sch.
  8. F1249In s. 192(1) in the definition of "trolley vehicle" words added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 78(3); S.I. 1992/1286, art. 2, Sch.
  9. F1250S. 192(1A) inserted (1.4.1996) by 1994 c. 22,s. 22(1), Sch. 7 Pt. II para. 40(1); S.I. 1996/396, art. 3, Sch. 1
  10. F1251Word in s. 192(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1) , ss. 48, 83, Sch. 4 para. 78(4), Sch. 8; S.I. 1992/1286, art. 2, Sch.
  11. F1252Words in s. 192(3) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 7, Sch. 3 para. 24

Marginal citations

  1. M491988 c. 53.
  2. M501988 c. 54.
  3. M511984 c. 27.
  4. M521896 c. 48.
  5. M531984 c. 54.