Section 36 Drivers to comply with traffic signs.C1C2C3C4
England, Wales and Scotland
Where a traffic sign, being a sign—
of the prescribed size, colour and type, or
has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.
A traffic sign shall not be treated for the purposes of this section as having been lawfully placed unless either—
the indication given by the sign is an indication of a statutory prohibition, restriction or requirement, or
it is expressly provided by or under any provision of the Traffic Acts that this section shall apply to the sign or to signs of a type of which the sign is one;
and, where the indication mentioned in paragraph (a) of this subsection is of the general nature only of the prohibition, restriction or requirement to which the sign relates, a person shall not be convicted of failure to comply with the indication unless he has failed to comply with the prohibition, restriction or requirement to which the sign relates.
For the purposes of this section a traffic sign placed on or near a road shall be deemed—
to be of the prescribed size, colour and type, or of another character authorised by the F2relevant authority under the provisions in that behalf of the Road Traffic Regulation Act 1984, and
(subject to subsection (2) above) to have been lawfully so placed,
unless the contrary is proved.
Where a traffic survey of any description is being carried out on or in the vicinity of a road, this section applies to a traffic sign by which a direction is given—
to stop a vehicle,
to make it proceed in, or keep to, a particular line of traffic, or
to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,
being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of the survey).
Regulations made by the F3national authority may specify any traffic sign for the purposes of column 5 of the entry in Schedule 2 to the M2Road Traffic Offenders Act 1988 relating to offences under this section (offences committed by failing to comply with certain signs involve discretionary disqualification).
Before making regulations under subsection (5) the Secretary of State must consult with F5the Welsh Ministers and the Scottish Ministers.
Before F6the Welsh Ministers or the Scottish Ministers make regulations under subsection (5) they must consult with the Secretary of State.
Annotations
Textual amendments
- F1
Words in s. 36(1)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(a) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
- F2
Words in s. 36(3)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(a) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
- F3
Words in s. 36(5) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(22), 72(7) (with Sch. 2 paras. 34(2), 35(2))
- F4
S. 36(6)-(8) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(23), 72(7) (with Sch. 2 paras. 34(2), 35(2))
- F5
Words in s. 36(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(b) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
- F6
Words in s. 36(7) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(c) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
- F7
Words in s. 36(8) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(d)(i) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
- F8
Words in s. 36(8) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 46(d)(ii) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
Marginal citations
- M1
- M2
Modifications
- C1
S. 36 applied (with modifications) (30.12.2003) by London Local Authorities and Transport for London Act 2003 (c. iii), s. 7(4)
- C2
S. 36: power to extend conferred by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), ss. 64(5), 96(2)(c)(i) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 paras. 25(3)(6)(a))
- C3
S. 36 extended by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 67(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(5))
- C4
S. 36 applied (with modifications) (29.3.1993) by 1993 c. iv, ss. 25(1)(b)(3), 26(1)(b)(3) (with ss. 36, 41(5), 44(1))
S. 36 applied (12.8.1994) by S.I. 1994/1519, reg. 10(1) (which S.I. 1994/1519 is revoked (31.1.2003) by S.I. 2002/3113, reg. 2)
S. 36 applied (S.) (4.1.1995) by 1994 c. 39, s. 150(2); S.I. 1994/2850, art. 3(a), Sch. 2
S. 36 applied (1.3.1998) by S.I. 1997/3053, reg. 4(2)
S. 36 applied (31.1.2003) by S.I. 2002/3113, reg. 10(1)
S. 36 applied by Police Reform Act 2002 (c. 30), Sch. 4 para. 13A(2) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 11; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))
- C5
S. 36(1) excluded (S.) (18.11.2003) by Road Traffic Act 1991 (c. 40), Sch. 3 para. 2(4) (as inserted by The Road Traffic Act 1991 (Special Parking Area) (Scotland) Order 2003 (S.S.I 2003/508), {art. 2})
- C6
S. 36(1) excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2
- C7
S. 36(5): transfer of certain functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1
S. 36(5): transfer of functions (27.12.1999) by S.I. 1999/3143, art. 2(2)
S. 36(5) amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3 (with art. 7); S.I. 1998/3178, art. 3
Notes on Part I
Modifications
- C1
Pt. I modified (E.W.S.) (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27