Road Traffic Act 1988, section 39

Powers of Secretary of State and local authorities as to giving road safety information and training

Part I Principal Road Safety Provisions

(1)The Secretary of State may, with the approval of the Treasury, provide for promoting road safety by disseminating information or advice relating to the use of roads.

[F177 (2)Each relevant authority—

(a)if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or

(b)if it is Transport for London, may prepare and carry out such a programme,

and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.F177]

(3)[F178 Each relevant authority—F178] —

(a)must carry out studies into accidents arising out of the use of vehicles

[F179 (i)if it is a local authority,F179] on roads or parts of roads, other than [F180GLA roads orF180][F181 roads for which the Secretary of state is highway authority (in Scotland, roads authority)F181] within their area [F182or

(ii)if it is Transport for London, on GLA roads or parts of GLA roads,F182]

(b)must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of [F183roads for the maintenance of which they are responsibleF183] and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads, and

(c)in constructing new roads, must take such measures as appear to the authority to be appropriate to reduce the possibilities of such accidents when the roads come into use.

(3A)The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and—

(a)in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and

(b)in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.

(4)In this section

  • [F184 “GLA road” has the same meaning as in the M14 Highways Act 1980 (see sections 329(1) and 14D(1) of that Act); F184]

  • “local authority” means—

    (a)

    in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London,

    (b)

    in relation to Scotland, a [F185council constituted under section 2 of the Local Government etc. (Scotland) Act 1994F185] .

  • [F186 “relevant authority” means a local authority or Transport for London; F186] .

Definitions used in section 39 3

road

“road”

Defined in s.192(1) · 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
roads authority

“roads authority”

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

Cases considering section 39 11

Gorringe (by her litigation Friend June Elizabeth Todd)(FC) (Appellants) v. Calderdale Metropolitan Borough Council (Respondents)

[2004] UKHL 15 · 1 April 2004Interprets

The section imposes broad public law road-safety duties enforceable, where justiciable, through public law procedures. It creates neither an individual action for breach of statutory duty nor, by itself, a common law duty to provide a warning. (see paras [18]–[20]; [38]; [46]–[47]) The duty to prepare and carry out a road-safety programme is a general target duty owed to the public as a whole. Even a flagrant omission under it does not create a specific private duty to an individual road user. (see paras [18]–[20]) The more specific accident-study and preventive-measure duties remain public target duties. They do not confer private rights or generate a common law duty which did not otherwise exist. (see paras [18]–[20]) The obligation to study local vehicle accidents formed part of the public road-safety regime. Discovery and investigation concerning those studies could not convert the obligation into a private duty of care. The authority must take such accident-prevention measures as appear appropriate in light of its studies. This discretionary public duty did not create a private duty to select or provide a particular warning.

Yetkin v London Borough of Newham

[2010] EWCA Civ 776 · 13 July 2010Interprets

The general road-safety powers and duties did not create common law liability for mere non-exercise. They did not exclude ordinary negligence liability where the authority exercised its powers positively and thereby created a hazard. (see paras [23]-[25]; [32]-[33]) The provision imposed a public road-safety duty but did not, merely through non-exercise of its power, generate a parallel common law duty. This restriction did not affect conventional liability for a hazard positively created through the negligent exercise of statutory powers. (see paras [18]-[25]; [32]-[33])

Rice & Anor v Secretary of State for Trade & Industry & Anor

[2007] EWCA Civ 289 · 4 April 2007Interprets

Section 39(2) was treated, following Gorringe, as part of a broad target duty not privately enforceable in damages and therefore not generating a parallel common-law duty merely from its existence. (see paras [36]-[40]) Section 39(3) was treated, following Gorringe, as part of a broad public-law duty enforceable, if at all, by judicial review rather than a private damages claim. (see paras [36]-[40])

What each judgment says about section 39 is in the case-law panel in the full Act.

Amendments and notes

19 notes from legislation.gov.uk

Amendments

  1. F177S. 39(2) substituted (3.7.2000) 1999 c. 29, s. 279(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  2. F178Words in s. 39(3) substituted (3.7.2000) by 1999 c. 29, s. 279(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  3. F179Words in s. 39(3)(a) renumbered as s. 39(3)(a)(i) (3.7.2000) by 1999 c. 29, s. 279(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  4. F180Words in s. 39(3)(a) inserted (3.7.2000) by 1999 c. 29, s. 279(4)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  5. F181Words in s. 39(3)(a) substituted (1.11.1991) by New Roads and Streets Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 121(3)(a)(with s. 25(2)) ; S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)
  6. F182S. 39(3)(ii) and word added (3.7.2000) by 1999 c. 29, s. 279(4)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  7. F183Words in s. 39(3)(b) substituted (1.11.1991) by New Roads and Streets Works Act 1991 (c. 22, SIF 107:1), s. 168(1), Sch. 8 para. 121 (3)(b)(with s. 25(2)); S.I. 1991/2286, art. 2(2), Sch. 2 (for Scotland); S.I. 1991/2288, art. 3, Sch. (for E.W.)
  8. F184Definition of “GLA roads" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III
  9. F185Words in s. 39(4)(b) substituted (S.) (1.4.1996) by 1994 C. 39, s. 180(1), Sch. 13 para. 159(4); S.I. 1996/323, art. 4(1)(b)(c)
  10. F186Definition of “relevant authority" in s. 39(4) inserted (3.7.2000) by 1999 c. 29, s. 279(6), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

Modifications

  1. C45S. 39: transfer of functions (1.7.1999) by 1998 c. 46, ss. 53, 56(1)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)
  2. C46S. 39 modified (E.W.) (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 17
  3. C47S. 39(1): functions exercisable by the Assembly are to run concurrently with the Secretary of state (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1998/3178, art. 2(1)
  4. C48S. 39(1): functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
  5. C49S. 39(2)(3): functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 10
  6. C50S. 39(2)(3): functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 5
  7. C51S. 39(2)(3): functions made exercisable concurrently (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 16
  8. C52S. 39(2)(3): functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 23 (with art. 9)

Marginal citations

  1. M141980 c. 66.