Article 5 The specified circumstances

(1)

The specified circumstances for the purposes of section 90A(2)(b) of the Act are that the offence is being committed, or has F1... been committed, on a road or other public place.

F2(2)

In paragraph (1) “road”—

(a)

in relation to—

(i)

England, Wales and Northern Ireland,

(F3ii)

another contracting country,

means any highway and any other road to which the public has access, and includes bridges over which a road passes; and

(b)

in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes.

Annotations

Textual amendments

F1: Words in art. 5(1) omitted (31.1.2018) by virtue of The Community Drivers' Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 10(2)
F2: Art. 5(2) substituted (31.1.2018) by The Community Drivers' Hours Offences (Enforcement) Regulations 2018 (S.I. 2018/24), regs. 1, 10(3)
F3: Art. 5(2)(a)(ii) substituted for art. 5(2)(a)(ii)(iii) (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 54; 2020 c. 1, Sch. 5 para. 1(1)