Road Traffic Regulation Act 1984, section 64

General provisions as to traffic signs

Part V Traffic Signs

(1) In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—

(a)specified by regulations made by the [F343relevant authorityF343] , or

(b)authorised by the [F343relevant authorityF343] ,

and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.

(2)Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the [F343relevant authorityF343] authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.

F344 (2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F344 (2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F344 (2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(4)Except as provided by this Act, no traffic sign shall be placed on or near a road except—

(a)a notice in respect of the use of a bridge;

(b)a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or

(c)a traffic sign placed on any land—

(i)by a person authorised under the following provisions of this Act to place the sign on a [F345roadF345] , and

(ii)for a purpose for which he is authorised to place it on a [F345roadF345] .

(5)Regulations under this section, or any authorisation under subsection (2) above, may provide that [F346section 36 of the Road Traffic Act 1988F346] (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.

(6)References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.

[F347 (6A) In this section “"relevant authority”” means—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;

(c)otherwise, means the Secretary of State.F347]

F348 (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F348 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 64 5

road

“road”—

(a)

in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

Defined in s.142(1) · see it in the full Act
traffic sign

“traffic sign” has the meaning assigned to it by section 64(1) of this Act ; and

Defined in s.142(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this section;

Defined in s.43(14) · see it in the full Act

“prescribed” means prescribed by regulations made by the Secretary of State;

Defined in s.142(1) · see it in the full Act
owner

subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

Defined in s.142(1) · see it in the full Act
driver

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

Defined in s.142(1) · see it in the full Act

“driver”, in relation to an excess charge and in relation to an offence of failing duly to pay such a charge, means the person driving the vehicle at the time when it is alleged to have been left in the parking place concerned;

Defined in s.111(2) · see it in the full Act

Cases considering section 64 11

Jones v Director of Public Prosecutions

[2011] EWHC 50 (Admin) · 27 January 2011Interprets

Treats illumination as part of the type or character of a traffic sign and reads the statutory definition with the duties concerning speed-limit signs. (see paras [20], [27], [32], [68])

Moss, R (on the application of) v KPMG Llp

[2010] EWHC 2923 (Admin) · 14 October 2010Limits

The court treated the prescribed-sign regime as requiring local authorities to use compliant traffic signs and as preventing reliance on materially non-compliant signs to exact penalties (see paras [24]-[25], [48]-[50]). The provision defined traffic signs to include prescribed or authorised objects, devices, lines and marks conveying restrictions or prohibitions. The court used that definition in assessing defective road markings (see para [24]). The provision required traffic signs to comply with prescribed size, colour and type unless authorised otherwise. The court treated this as part of the statutory basis for rejecting materially defective markings (see paras [24], [48]-[50]). The court relied on the statutory prohibition against placing non-compliant traffic signs on or near roads. A local authority should not use its own breach as the basis for enforcing a penalty (see paras [25], [48]-[50]).

Director of Public Prosecutions v Butler

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

Confirms that illumination, whether by lighting or reflectors, forms part of the type or character of a traffic sign. This supported treating illumination as part of the signage requirements. (see para [7])

What each judgment says about section 64 is in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F343Words in s. 64 substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 26(4)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)
  2. F344S. 64(2A)-(2C) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 41(3)(c), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  3. F345Word in s. 64(4)(c)(i) and (ii) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(21) and substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.47; S.I. 1991/2288, art. 2(2),Sch.
  4. F346Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(3)
  5. F347S. 64(6A) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 26(4)(b), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)
  6. F348S. 64(7)(8) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 41(3)(d), 72(7) (with Sch. 2 paras. 34(2), 35(2))

Modifications

  1. C175S. 64 extended by British Railways Act 1987 (c. xxix), ss. 25, 31(1)(4)
  2. C176S. 64 applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.
  3. C177S. 64(1)(a): amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3; S.I. 1998/3178, art. 3
  4. C178S. 64(1)(b)(2): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3
  5. C179S. 64(4) extended (11.11.1996) by S.I. 1996/2714, art. 17(3)
  6. C180S. 64(4) modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), art. 18(3) (with arts. 65, 66)
  7. C181S. 64(4) excluded (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 41(1) (with art. 52)
  8. C182S. 64(4) modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 18(3)
  9. C183S. 64(4) modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 15(2) (with arts. 57, 58, Sch. 11 para. 19)
  10. C184S. 64(4) modified (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 19(3) (with arts. 43, 44)
  11. C185S. 64(4) modified (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 17(3) (with arts. 58, 59)
  12. C186S. 64(4) modified (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 19(3) (with arts. 47, 48, Sch. 10 para. 19)