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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1966/uksi_1966864_en.html

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Statutory Instruments

1966 No. 864

ROAD TRAFFIC

The Vehicles (Conditions of Use On Footpaths) (Amendment) Regulations 1966

Made

15th July 1966

Laid before Parliament

22nd July 1966

Coming into Operation

1st August 1966

The Minister of Transport and the Minister of Power, acting jointly in exercise of their powers under section 49 of the Public Health Act 1961, and of all other powers them enabling in that behalf, hereby make the following Regulations:-

1.-(1) These Regulations shall come into operation on the 1st August 1966, and may be cited as the Vehicles (Conditions of Use on Footpaths) (Amendment) Regulations 1966.

(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

2. The Vehicles (Conditions of Use on Footpaths) Regulations 1963(1) shall have effect as though:-

(1) for Regulation 4 there were substituted the following Regulation:-

"4.-(1) Subject to the provisions of the next succeeding paragraph, an authority specified in the said section 49 shall not use a restricted appliance or vehicle on any footpath, footway or bridleway under which there is a gas pipe maintainable by an Area Gas Board unless prior to such use the authority have consulted with that Board and are satisfied having regard to any representations made to them by the Board that the use of the restricted appliance or vehicle as aforesaid is not likely to cause any damage to any such gas pipe.

(2) Nothing in the foregoing paragraph shall apply so as to render unlawful the use by an authority specified in the said section 49 of any restricted appliance or vehicle on a footpath, footway or bridleway if a direction has been given by the Minister of Power under these Regulations before the 1st August 1966 to that authority and the weight of the restricted appliance or vehicle, whether laden or not, does not exceed three tons.

(3) In this Regulation "restricted appliance or vehicle" means any appliance or vehicle, whether mechanically operated or propelled or not and whether laden or not, to which any one or more of the following sub-paragraphs applies, that is to say-

(a)the weight of the appliance or vehicle exceeds on ton;

(b)the weight transmitted to any strip of the surface of the ground on which the appliance or vehicle rests contained between any two parallel lines drawn two feet apart on that surface at right angles to the longitudinal axis of the appliance or vehicle exceeds twelve hundredweight and a half;

(c)the weight transmitted to the surface of the ground by any one wheel of the appliance or vehicle where no other wheel is in the same line transversely in the case of a road roller exceeds either twelve hundred-weight and a half, or half a hundredweight per inch width of wheel in contact with such surface, whichever is the less, or in any other case exceeds eight hundredweight.

For the purposes of sub-paragraph (c) of this paragraph any two wheels of the appliance or vehicle shall be regarded as one wheel if the distance between the centres of the areas of contact between such wheels and such surface is less than eighteen inches."

; and

(2) Regulation 7 (which relates to the giving of directions by the Minister of Power relaxing certain requirements) were omitted.

Given under the Official Seal of the Minister of Transport the 28th June 1966.

L.S.

Barbara Castle

The Minister of Transport

Given under the Official Seal of the Minister of Power the 15th July 1966.

L.S.

Richard Marsh

The Minister of Power

EXPLANATORY NOTE

The Vehicles (Conditions of Use on Footpaths) Regulations 1963 prescribe the conditions under which may be exercised the rights conferred on local authorities to use vehicles on footpaths or bridleways for cleansing or maintenance purposes. Regulation 4 required vehicles as respects which certain weights were exceeded not to be so used, but this requirement could be relaxed in particular cases by the Minister of Power under Regulation 7.

These Regulations amend the Regulations of 1963 by:-

1.

permitting a vehicle of any weight to be used by a local authority on any footpath or bridleway for the above purposes, but provide that vehicles of more than certain weights may not be so used if a gas pipe maintainable by an Area Gas Board lies beneath the footpath or bridleway unless the Board is first consulted and the local authority are satisfied that the use of such a vehicle is not likely to cause damage to the pipe (Reg. 2(1));

2.

no longer providing for a local authority to obtain a direction from the Minister of Power allowing them to use vehicles in excess of specified weights (Reg. 2(2)).

(1)

(1963 III, p. 4728).


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