Road Traffic Act 1988, section 36

Drivers to comply with traffic signs

Part I Principal Road Safety Provisions

(1)Where a traffic sign, being a sign—

(a)of the prescribed size, colour and type, or

(b)M8of another character authorised by the [F167relevant authorityF167] under the provisions in that behalf of the Road Traffic Regulation Act 1984,

has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.

(2)A traffic sign shall not be treated for the purposes of this section as having been lawfully placed unless either—

(a)the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or

(b)it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;

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 prohibition, restriction or requirement to which the sign relates.

(3)For the purposes of this section a traffic sign placed on or near a road shall be deemed—

(a)to be of the prescribed size, colour and type, or of another character authorised by the [F168relevant authorityF168] under the provisions in that behalf of the Road Traffic Regulation Act 1984, and

(b)(subject to subsection (2) above) to have been lawfully so placed,

unless the contrary is proved.

(4)Where a traffic survey of any description is being carried out on or in the vicinity of a road, this section applies to a traffic sign by which a direction is given—

(a)to stop a vehicle,

(b)to make it proceed in, or keep to, a particular line of traffic, or

(c)to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of the survey).

(5)M9Regulations made by the [F169national authorityF169] may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).

[F170 (6)Before making regulations under subsection (5) the Secretary of State must consult with [F171 the Welsh Ministers andF171] the Scottish Ministers.

(7)Before [F172 the Welsh Ministers or the Scottish Ministers make regulations under subsection (5) they F172] must consult with the Secretary of State.

(8) In this section [F173 “relevant authority” F173] has the meaning given by [F174 section 64(6A) F174] of the Road Traffic Regulation Act 1984 . F170]

Definitions used in section 36 6

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
prescribed

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

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

“road”

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

“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,

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

“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),

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

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

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

Cases considering section 36 8

Hyde & Ors, R v

[2016] EWCA Crim 1031 · 15 July 2016

Because Hussain had not passed the extended test required by the earlier order, section 36(7) made it unlawful to impose a further extended-test requirement. The court quashed and replaced the disqualification orders. (see paras [124]; [130])

Director of Public Prosecutions v Butler

[2010] EWHC 669 (Admin) · 4 March 2010Disapplies

Disapplies the statutory deeming provision to the charge under consideration. Section 36 concerns failure to comply with directions given by a sign, not driving above a speed limit. (see para [7])

R v Joseph John O'Conner

[2024] EWCA Crim 1189 · 12 September 2024

Applied as requiring an extended retest for dangerous driving. (see para [4])

What each judgment says about section 36 is in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F167Words in s. 36(1)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(a) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  2. F168Words in s. 36(3)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(a) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
  3. F169Words in s. 36(5) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(22), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  4. F170S. 36(6)-(8) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(23), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  5. F171Words in s. 36(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(b) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  6. F172Words in s. 36(7) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(c) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  7. F173Words in s. 36(8) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(d)(i) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  8. F174Words in s. 36(8) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(d)(ii) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)

Modifications

  1. C35S. 36 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 7(4)
  2. C36S. 36: power to extend conferred by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), ss. 64(5), 96(2)(c)(i) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 paras. 25(3)(6)(a))
  3. C37S. 36 extended by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 67(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(5))
  4. C38S. 36 applied (with modifications) (29.3.1993) by 1993 c. iv, ss. 25(1)(b)(3), 26(1)(b)(3) (with ss. 36, 41(5), 44(1))
  5. C39S. 36(1) excluded (S.) (18.11.2003) by Road Traffic Act 1991 (c. 40), Sch. 3 para. 2(4) (as inserted by The Road Traffic Act 1991 (Special Parking Area) (Scotland) Order 2003 (S.S.I 2003/508), {art. 2})
  6. C40S. 36(1) excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2
  7. C41S. 36(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1

Marginal citations

  1. M81984 c. 27.
  2. M91988 c. 53.