UK Offence Report

Contravention of The Special Road (Glan Conwy to Conwy Morfa) Regulations 1990

the instrument as a whole of The Special Road (Glan Conwy to Conwy Morfa) Regulations 1990

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under sections

5 and 17(4) of the Road Traffic Regulation Act 1984. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Special Road (Glan Conwy to Conwy Morfa) Regulations 1990, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 5 and 17(4) of the Road Traffic Regulation Act 1984.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 July 1990
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations provide for the regulation of traffic using the lengths of the special road described in Schedules 1 and 2, from Glan Conwy to Conwy Morfa in the County of Gwynedd. Use of the adjoining lengths of the special road from Llanddulas to Colwyn Bay and Colwyn Bay to Glan Conwy is regulated by the Special Road (Llanddulas to Colwyn Bay) Regulations 1984 (S.I. 1984/1719) and the Special Road (Colwyn Bay to Glan Conwy) Regulations 1985 (S.I. 1985/824) respectively. Except as provided in these Regulations, the road can be used only by traffic of Classes I, II and IV, as defined in Schedule 4 to the Highways Act 1980. The special road is not a motorway and therefore the provisions of the Motorways Traffic (England and Wales) Regulations 1982 (S.I. 1982/1163) do not apply to it. The Regulations provide that:– a except as specified in the Regulations, vehicles are to be driven only on the carriageways of the special road (Regulation 3); b unless prohibited by traffic signs, one-way driving is to be observed by vehicles using carriageways which are contiguous to a central reservation and by vehicles using lengths of carriageway which are not so contiguous in cases where traffic signs are so placed that vehicles can enter those lengths of carriageway at one end only (Regulation 4); c vehicles are not to stop on the carriageway (Regulation 5(1)); the exceptions to this prohibition being specified in Regulation 5(2) and (4); d subject to limited exceptions vehicles on the carriageways are not to reverse (Regulation 6); e vehicles may use the hard shoulders or emergency waiting areas only to the extent permitted by Regulation 5(2) and (3) (Regulation 7); f vehicles are not to be driven or to remain at rest on the central reservation (Regulation 8); g vehicles are not to be driven on the special road by learner-drivers (Regulation 9); h animals carried in a vehicle are as far as practicable to be kept in the vehicle or, if they are not in the vehicle, are not to go or remain on any part of the special road other than a hard shoulder or emergency waiting area and are to be kept under proper control (Regulation 10). Regulation 11 provides that certain classes of traffic and pedestrians not ordinarily authorised to use the special road may use the special road in the circumstances specified in paragraph (1) and also makes provision for enabling such traffic to be authorised to use the special road as specified in paragraphs (2) and (3). Regulation 12 provides for certain general exceptions from the provisions of the Regulations and authorises the Secretary of State to relax any prohibition or restriction imposed thereby. Regulation 13 imposes a 50 miles per hour speed limit on the lengths of special road described in Schedules 1 and 2 to these Regulations subject to the exclusions specified in Schedule 3. It is necessary to impose a specific speed limit on the special road because it is not a motorway and the provisions of the Motorways Traffic (Speed Limit) Regulations 1974 (S.I. 1974/502) only apply to special roads which are motorways. The provisions of the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 as continued indefinitely by the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Continuation) Order 1978 (S.I. 1978/1548) do not apply to special roads.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source