Road Traffic Regulation Act 1984, section 85

Traffic signs for indicating speed restrictions

Part VI Speed Limits

(1)F465For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the [F462national authorityF462] , [F463in the case of a road for which [F464 the national authorityF464] is the traffic authority, toF463] erect and maintain . . . traffic signs in such positions as may be requisite for that purpose.

(2)[F466 In the case of any other road, it is the duty of the F467... traffic authority—F466]

(a)F465to erect and maintain . . . traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the [F468national authorityF468] for the purpose mentioned in subsection (1) above, and

(b)to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of an order by the [F468national authorityF468] or otherwise.

(3)F471,F472If a F467[F469... traffic authorityF469] makes default in executing any works required for the performance of the duty imposed on them by subsection (2) above, the [F470national authorityF470] may ... execute the works; and the expense incurred ... in doing so shall be recoverable by [F473the national authorityF473] from the F467[F469... traffic authorityF469] and, in England or Wales, shall be so recoverable summarily as a civil debt.

[F474 (3A)In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a)a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and

(b)the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.F474]

(4)[F475 Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road,F475] but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.

(5)In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with [F476such a system of street or carriageway lightingF476] , evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes.

[F477 (5A)In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the [F478 national authorityF478] F479 ... that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.F477]

(6)Where by regulations made under section 17(2) of this Act a limit of speed is to be observed, then, if it is to be observed—

(a)on all special roads, or

(b)on all special roads provided for the use of particular classes of traffic, or

(c)on all special roads other than special roads of such description as may be specified in the regulations, or

(d)as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,

this section shall not apply in relation to that limit (but without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, any higher limit of minimum speed, required by any such regulations to be observed on any specified length of any specified special road).

(7)The power [F480of the Secretary of StateF480] to give general directions under subsection (2) above shall be exercisable by statutory instrument.

[F481 (7A)The power of the Welsh Ministers to give general directions under subsection (2) is exercisable by statutory instrument.F481]

[F482 (8)The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument.

(9)Before giving any general directions under subsection (2) the Secretary of State must consult with [F483 the Welsh Ministers andF483] the Scottish Ministers.

(10)Before [F484 the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) theyF484] must consult with the Secretary of State.F482]

Definitions used in section 85 12

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
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
traffic authority

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act ;

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

(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 relevant authority , or

(b)authorised by the relevant authority ,

Defined in s.64(1) · see it in the full Act

“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
strategic highways company

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015 ;

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

(6) In this section, in section 7 of this Act and in Schedule 1 to this Act “street” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; and in subsection (4) above “the prescribed manner” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.

Defined in s.6(6) · see it in the full Act
driving

“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
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
special road

“special road”, in England and Wales, has the same meaning as in the Highways Act 1980 , and in Scotland has the same meaning as in the Roads (Scotland) Act 1984 ;

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 85 9

Jones v Director of Public Prosecutions

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

Identifies the statutory purpose of speed-limit signs as securing adequate guidance to drivers about the speed limit to be observed. That purpose informed the interpretation of section 85(4). (see paras [28], [32]-[33], [68]-[70]) Requires the local traffic authority to erect and maintain signs in requisite positions to give effect to the statutory directions and the purpose of providing adequate guidance. The duty includes implementation of the prescribed signage, assessed purposively. (see paras [28], [30]-[34], [61], [69]-[70]) Provides a mechanism for the Secretary of State to execute works where a local traffic authority defaults. The court regarded this as reinforcing the authority of the Secretary of State to prescribe and secure compliant signage, rather than determining the conviction issue. (see para [66]) Provides protection from conviction unless the speed limit is indicated by the prescribed traffic signs. The court held that adequate guidance is assessed by reference to the route and relevant part of the road, considering the extent to which the signs comply with the regulations. (see paras [33], [45], [61]-[72]) The court noted that this subsection did not disapply section 85 in the circumstances. (see para [29])

Director of Public Prosecutions v Butler

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

Confirms the duty to provide traffic signs giving adequate guidance about the speed limit. The statutory scheme supported the conclusion that compliance with the regulatory signage requirements had to be proved. (see paras [6], [12], [16]) Confirms the statutory consequence where a speed limit is not indicated by the prescribed traffic signs. The judgment noted that the particular street-lighting condition addressed by the subsection did not apply on the facts. (see para [6])

Peake v Director of Public Prosecution

[2010] EWHC 286 (Admin) · 19 February 2010Interprets

The court construed section 85 as requiring adequate statutory guidance through compliant traffic signs, while rejecting an interpretation that extended the relevant road to every road within a speed-limit order area. (see paras [26], [31]-[40]) Section 85(1) identifies the purpose of traffic signs as securing adequate guidance to drivers about the applicable speed limit. That purpose informed the court’s construction of section 85(4). (see paras [8], [31]-[36]) Section 85(2) places the relevant signage duty on the local traffic authority and requires signs to comply with the Secretary of State’s directions. (see paras [8], [32]-[33]) Section 85(4) was interpreted as requiring compliant signs which gave adequate guidance on the route taken to the point of enforcement. The driver’s actual knowledge was irrelevant, and proof of the route determined the extent of signage the prosecution had to establish. (see paras [34]-[40], [45]-[46]) Section 85(7) was referred to as the statutory basis for the Secretary of State’s power to give general directions by statutory instrument. (see para [8])

What each judgment says about section 85 is in the case-law panel in the full Act.

Amendments and notes

26 notes from legislation.gov.uk

Amendments

  1. F465Words in s. 85(1)(2)(a) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107;1), s. 48, 83, Sch. 4 para. 30, Sch. 8; S.I. 1992/1286, art. 2, Sch.
  2. F462Words in s. 85(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(11)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  3. F463Words in s. 85(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 62(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  4. F464Words in s. 85(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(12), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  5. F466Words in s. 85(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para. 62(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  6. F467Word in s. 85(2)(3) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 89(2); S.I. 2015/481, reg. 2(a)
  7. F468Words in s. 85(2)(a)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(11)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  8. F471Word in s. 85(3) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 42(13)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  9. F472Words in s. 85(3) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 42(13)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  10. F469Words in s. 85(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 62(4); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  11. F470Words in s. 85(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(11)(c), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  12. F473Words in s. 85(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(13)(c), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  13. F474S. 85(3A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 89(3); S.I. 2015/481, reg. 2(a)
  14. F475Words in s. 85(4) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 62(5); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  15. F476Words in s. 85(5) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 62(6); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  16. F477S. 85(5A) inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 157(3), Sch. 7 paras. 3(c), 5
  17. F478Words in s. 85(5A) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(11)(d), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  18. F479Words in s. 85(5A) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 42(14), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  19. F480Words in s. 85(7) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(15), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  20. F481S. 85(7A) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 41(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  21. F482S. 85(8)-(10) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(16), 72(7) (with Sch. 2 paras. 34(2), 35(2))
  22. F483Words in s. 85(9) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 41(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
  23. F484Words in s. 85(10) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 41(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)

Modifications

  1. C246S. 85(1)(3): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3
  2. C247S. 85(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3
  3. C248S. 85(2)(a) amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3; S.I. 1998/3178, art. 3