UK Offence Report

Contravention of Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992

the instrument as a whole of Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 what the provision prohibits, or failing to do what it requires under the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992.

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
3 June 1992
In force from
1 July 1992
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.

(This note does not form part of the Regulations) Section 141 of the Road Traffic Regulation Act 1984 as originally enacted provided that certain provisions of that Act did not apply to tramcars or trolley vehicles operated under statutory powers. Section 193 of the Road Traffic Act 1988 contained a similar provision. These sections are repealed by the Road Traffic Act 1991. The Road Traffic Act 1991 amends the 1984 Actand the 1988 Act so that the Secretary of State can make regulations providing that certain sections in those Acts are not to apply to tramcars or trolley vehicles. He can also by regulations, modify the application of those sections to tramcars or trolley vehicles. These Regulations provide that certain sections of the 1984 and 1988 Acts are not to apply to tramcars or trolley vehicles. They also provide that other sections of those Acts are to apply to tramcars or trolley vehicles with modifications. Regulation 11 contains a saving for duobuses so that the 1984 Act and the 1988 Act shall apply to them without modification. “Duobus” is defined in regulation 2(1). Broadly it is a trolley vehicle which is able to operate either by means of overhead wires or by utilising a source of power on board. In order to come within the definition the vehicle has to meet specified minimum speedand range requirements when utilising the source of power on board. Part V of the Regulations amends the Motor Vehicles (Tests) Regulations 1981, the Motor Vehicles (Constructionand Use) Regulations 1986and the Road Vehicles Lighting Regulations 1989 as a consequence of the amendments to the 1988 Act made by the 1991 Act. Part VI of the Regulations contains transitional provisions.

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 0.57.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.57 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