Road Traffic Act 1988, section 22A

Causing danger to road-users

Part I Principal Road Safety Provisions

(1)A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

(a)causes anything to be on or over a road, or

(b)interferes with a motor vehicle, trailer or cycle, or

(c)interferes (directly or indirectly) with traffic equipment,

in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.

(2) In subsection (1) above “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(3) In subsection (1) above “traffic equipment” means—

(a)anything lawfully placed on or near a road by a highway authority;

(b)a traffic sign lawfully placed on or near a road by a person other than a highway authority;

(c)any fence, barrier or light lawfully placed on or near a road—

(i)in pursuance of section 174 of the Highways Act 1980, F144. . . or section 65 of the New Roads and Street Works Act 1991 (which provide for guarding, lighting and signing in streets where works are undertaken), or

(ii)by a constable or a person acting under the instructions (whether general or specific) of a chief officer of police.

(4)For the purposes of subsection (3) above anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.

(5) In this section “road” does not include a footpath or bridleway.

(6)This section does not extend to Scotland.F143]

Definitions used in section 22A 9

road

“road”

Defined in s.192(1) · see it in the full Act
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
cycle

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

Defined in s.192(1) · see it in the full Act
the accused

3 (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section 15A, 17 or 18(4) of this Act and it is proved—

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

(b) that the accused used all due diligence to secure compliance with that section,

Defined in Sch.1 para.3(1) · see it in the full Act

(2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section 15A, 17 or 18(4) of this Act proves to the satisfaction of the court—

(a) that he used all due diligence to secure that the provision in question was complied with, and

(b) that the contravention was due to the act or default of some other person,

Defined in Sch.1 para.4(2) · see it in the full Act
highway authority

“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;

Defined in s.192(1) · see it in the full Act
traffic sign

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

Defined in s.192(1) · see it in the full Act
footpath

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

Defined in s.192(1) · see it in the full Act

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).

Defined in s.192(2) · see it in the full Act
bridleway

“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,

Defined in s.192(1) · see it in the full Act

Cases considering section 22A 7

Maxwell, R v

[2014] EWCA Crim 417 · 21 February 2014Interprets

The court construed the provision as requiring interference with the motor vehicle itself. Interference with the driver alone was insufficient, so the jury direction made the conviction unsafe and the appeal was allowed (see paras [16]; [18]-[22]).

Meeking, R. v

[2012] EWCA Crim 641 · 29 February 2012Interprets

The court explained that the offence covers deliberate conduct in circumstances where danger would be obvious to a reasonable person. It does not require a positive intention to endanger life (see para [11]). The court interpreted the provision according to its ordinary meaning. It held that intentionally pulling the handbrake of a moving vehicle may constitute interference with that vehicle; the offence is not confined to pre-driving, external, or physically altering acts (see paras [12]; [13]).

UK Oil & Gas Investments Plc & Ors v Persons Unknown Who Are Protestors...

[2018] EWHC 2252 (Ch) · 3 September 2018

Applies section 22A to lorry-surfing where a person intentionally and without lawful authority or reasonable cause interferes with a motor vehicle in circumstances obviously dangerous to a reasonable person (see para [57]).

What each judgment says about section 22A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F143S. 22A inserted (E.W.) (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 6; S.I. 1992/1286, art. 2, Sch.
  2. F144Words in s. 22A(3)(c)(i) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(1)(2), Sch. 8 para. 121(2), Sch.9 (with s. 25(2)); S.I. 1992/2984, art. 2(2), Sch.2.