Section 86 Speed limits for particular classes of vehicles.C1

England, Wales and Scotland

It shall not be lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in Schedule 6 to this Act as the maximum speed in relation to a vehicle of that class.

C4(2)

Subject to subsections (4) and (5) below, the F1relevant authority may by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of that Schedule.

(3)

Regulations under this section may make different provision as respects the same class of vehicles in different circumstances.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The relevant authority shall not have power under this section to vary the speed limit imposed by section 81 of this Act.

(6)

The relevant authority shall not have power under this section to impose a speed limit, as respects driving on roads which are not restricted roads for the purposes of section 81 of this Act, on a vehicle which—

(a)

is constructed solely for the carriage of passengers and their effects;

(b)

is not adapted to carry more than 8 passengers exclusive of the driver;

(c)

is neither a heavy motor car nor an invalid carriage;

(d)

is not drawing a trailer; and

(e)

is fitted with pneumatic tyres on all its wheels.

F3(7)

The relevant authority in this section—

(a)

as respects the driving of vehicles on roads in England F4..., is the Secretary of State;

(F5aa)

as respects the driving of vehicles on roads in Wales, is the Welsh Ministers;

(b)

as respects the driving of vehicles on roads in Scotland, is the Scottish Ministers.

(8)

Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.

F6(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 86 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 8(2)
F2: S. 86(4) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 63, Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
F3: S. 86(7)-(9) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 21(11), 44(5); S.I. 2012/1710, art. 2(k)
F4: Words in s. 86(7)(a) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 26(5)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)
F5: S. 86(7)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 26(5)(b), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)
F6: Words in s. 86(9) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 8(3)

Modifications

C1: S. 86 excluded by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 186(6)
C2: S. 86(1) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))
C3: S. 86(1) excluded (S.) (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2
C4: S. 86(2) amended (1.7.1999) by S.I. 1999/1750, art. 4, Sch. 3; S.I. 1998/3178, art. 3