UK Offence Report

Contravention of The Traffic Signs Regulations and General Directions 2016

the instrument as a whole of The Traffic Signs Regulations and General Directions 2016

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 This is the text as originally made; later amendments are not shown here.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 Traffic Signs Regulations and General Directions 2016.

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
16 March 2016
In force from
22 April 2016
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 Instrument) — the explanatory note published with the instrument, © Crown copyright.

This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Regulations 1997, the Traffic Signs Regulations and General Directions 2002 and the School Crossing Patrol Sign (England and Wales) Regulations 2006. Part 1 is the Traffic Signs Regulations 2016 and Part 2 is the Traffic Signs General Directions 2016. Regulation 1 gives the title of the Regulations and the collective title of the Regulations and General Directions. It also sets out the extent of the Regulations. Regulation 2 contains some interpretation provisions and introduces Schedule 1 which contains a table of definitions. By regulation 3, if a sign complies with the applicable provisions of the Regulations, it is of a prescribed size, colour and type for the purposes of section 28(4) or section 64(2) of the Road Traffic Regulation Act 1984. Regulation 3 also introduces the Parts of Schedules 2 to 16 that contain regulations. These Parts set out the requirements as to size, colour and type that apply to particular signs. Each Schedule covers a different class of sign (whether by reference to the circumstances in which a sign is used or the type of sign). Regulation 4 makes provision about the relationship between the Regulations and the power of ministers to authorise signs. Regulation 5 imposes requirements about the design of letters, numerals and other characters used on signs and in doing so introduces Schedule 17. This Schedule sets out the design to be used in particular circumstances. Regulation 6 contains provision about expressions of time, distance and parking restrictions and in doing so introduces Schedule 18 which contains detailed provision on the use of these expressions. Regulation 7 contains provision about the dimensions and design of signs. Regulations 8 and 9 impose requirements about the illumination of signs. Regulation 10 imposes requirements about the height of road markings and studs. Regulation 11 gives the general rule about the colours to be used on signs. Regulation 12 provides, where the Regulations impose requirements by reference to British Standards, for compliance with equivalent standards of an EEA state to be acceptable. Regulation 13, by introducing Part 1 of Schedule 19, provides for a number of Regulations to be revoked. Regulation 14 sets out transitional and savings provisions. Regulation 15 imposes a requirement to review the Regulations on the Secretary of State. General Direction 1 gives the title of the General Directions and the collective title of the Instrument. General Direction 2 contains provisions about interpretation. General Direction 3 introduces the final Part of each of Schedules 2 to 15 and provides that the general directions in those Parts apply to the signs in the Schedule in which they appear to the extent indicated in that Schedule. General Direction 4 makes provision about the relationship between upright signs, and plates or structure warning markings. General Direction 5 imposes a requirement that signs not be placed on vehicles unless expressly authorised by the General Directions. General Direction 6 sets out the general requirement that applies to the display of temporary signs. General Direction 7 imposes requirements about types of studs. General Direction 8 sets out how uprights signs are to be displayed on posts or other means of support. General Direction 9 imposes requirements about the backs of, and backing boards for, upright signs. General Direction 10 provides, where the Directions impose requirements by reference to British Standards, for compliance with equivalent standards of an EEA state to be acceptable. General Direction 11 makes provision about the relationship between the General Directions and the power of ministers under section 65(2) of the Road Traffic Regulation Act 1984 to give special directions. General Direction 12, by introducing Part 2 of Schedule 19, provides for a number of General Directions to be revoked. General Direction 13 sets out savings provisions. General Direction 14 imposes a requirement to review the General Directions on the Secretary of State. An impact assessment of the effect that the Instrument will have has been made. A copy of this impact assessment is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. It is also published alongside this Instrument and its Explanatory Memorandum at www.legislation.gov.uk. These Regulations have been notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p.1).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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