Road Traffic Regulation Act 1984, section 81

General speed limit for restricted roads

Part VI Speed Limits

(1)It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour.

(2)F438The [F437national authorityF437] may by order ... increase or reduce the rate of speed fixed by subsection (1) above, either as originally enacted or as varied under this subsection.

[F439 (3)An order under subsection (2)—

(a)if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament;

[F440 (aa)if made by the Welsh Ministers, is to be made by statutory instrument and approved by a resolution of the National Assembly for Wales;F440]

(b)if made by the Scottish Ministers, is subject to the affirmative procedure.

(4)Before making an order under subsection (2) the Secretary of State must consult with [F441 the Welsh Ministers andF441] the Scottish Ministers.

(5)Before [F442 the Welsh Ministers or the Scottish Ministers make an order under subsection (2) theyF442] must consult with the Secretary of State.F439]

Definitions used in section 81 5

drive

“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
motor vehicle

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(1) · see it in the full Act

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(1) · see it in the full Act
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
national authority

“national authority” —

(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;

(aa)

in relation to Wales, means the Welsh Ministers;

(b)

otherwise, means the Secretary of State

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

Cases considering section 81 7

Humber v Director of Public Prosecutions

[2008] EWHC 2932 (Admin) · 17 November 2008Defines

The court treated section 81 as imposing the statutory 30 miles per hour limit on restricted roads, subject to the statutory framework. The limit applied despite the alleged failure to provide adequate signs (see paras [3]–[9], [13]–[15]). Section 81(1) was applied as the basis of the offence. Exceeding 30 miles per hour on a restricted road constituted the offence without proof that the traffic authority had complied with section 85(2) (see paras [4], [12]–[15]). The court noted that section 81(2) gives ministers power to vary the limit in section 81(1), but did not decide any issue concerning that power (see para [4]).

Martin v Harrow Crown Court

[2007] EWHC 3193 (Admin) · 7 December 2007

The court applied section 81(1) together with section 82(1)(a) to determine whether the prosecution had proved an offence involving driving above 30 miles per hour on a restricted road. The conviction could not stand because the statutory restricted-road condition was not proved (see paras [9], [19]–[23]).

Harrison, R (on the application of) v Flintshire Magistrates' Court

[2004] EWHC 2456 (Admin) · 13 October 2004Interprets

The court treated section 81(1) as the provision stated in the summons to impose the restricted-road speed limit, although that was not the applicable limit on the road. The error did not deprive the magistrates of jurisdiction because the claimant was guilty of the speeding offence created by section 89(1). (see paras [2], [11]-[13])

What each judgment says about section 81 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F438Words in s. 81(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 42(3)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  2. F437Words in s. 81(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(3)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  3. F439S. 81(3)-(5) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(4), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  4. F440S. 81(3)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 39(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  5. F441Words in s. 81(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 39(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  6. F442Words in s. 81(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 39(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)

Modifications

  1. C232S. 81 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2
  2. C233S. 81(1) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))
  3. C234S. 81(1) excluded (S.) (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2
  4. C235S. 81(1) modified (W.) (17.9.2023) by The Restricted Roads (20 mph Speed Limit) (Wales) Order 2022 (S.I. 2022/800), arts. 1(3), 2
  5. C236S. 81(2) amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3; S.I. 1998/3178, art. 3