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"Prohibition of driving mechanically propelled vehicles on highways other than made-up carriageways. | 34A.(1) Subject to the provisions of this section any person who, without lawful authority, drives or parks a mechanically propelled vehicle on a highway other than a made-up carriageway is guilty of an offence. (2) A person shall not be convivcted of an offence under subsection (1) if he proves to the satisfaction of the court that the vehicle was driven or (as the case may be) parked in contravention of that sub-section for the purpose of
(b) taking part in an activity which is wholly and necessarily involved in agriculture; or (c) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention of that subsection in connection with the carrying out by or on behalf of that authority of the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in, the carriageway or its verges.
(4) For the purpose of this section a highway shall not be deemed to be provided with a surface suitable for the passage of vehicles if the surface or any section of the surface is made up in whole or in part of stones or other similar material which are not set into some other form of material intended to bind the same together and to form a continuous surface. (5) A highway authority (or in a National Park a National Park Authority) may by order (a "traffic authorisation order") declare that a carriageway which is not a made-up carriageway may be used by a mechanically propelled vehicle or mechanically propelled vehicles of any class specified in the order whether generally or on a particular occasion or occasions, at all times or at times on day or during periods so specified or in any other specified circumstances or subject to any specified conditions. (6) It shall be the duty of every authority upon which functions are conferred by this section before making a traffic authorisation order to have regard to the following matters
(b) the need to ensure that damage is not caused to the surface of the carriageway; (c) the need to conserve and enhance the natural beauty, wildlife and cultural heritage of the carriageway and land in the vicinity of the carriageway; (d) the extent to which made-up carriageways in the area meet the present and likely future needs of drivers or riders (as the case may be) of mechanically propelled vehicles; (e) the opportunities which rights of way in the area provide for use by the drivers and riders (as the case may be) of mechanically propelled vehicles; (f) the need or requirement of others using or entitled to use the carriageway to be able to do so without interruption, interference or nuisance and enjoy quiet recreation; (g) that where there is a conflict between the needs of the users of mechanically propelled vehicles and other users of the highway the authority shall attach greater weight to the needs of those other users of the highway.
(8) Regulations may make provision supplementing the powers of authorities under this section. (9) Regulations under subsection (8) may in particular make provision with regard
(b) to enabling and authorising the authority to erect and maintain notices or signs in rural areas of a type colour and size which it considers appropriate for such regulation in rural areas; (c) to giving powers to those authorised by the authority to carry out functions to control traffic using or attempting to use carriageways to which the section applies; and (d) to the making, consideration and revocation of orders made under this section and to the making and consideration of objections to the proposed order.
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Mr Michael Meacher
654
Page 26, line 24, leave out Clause 49.
Mr Michael Meacher
655
Page 27, line 10, leave out Clause 50.
Mr Michael Meacher
657
Page 49, line 15, leave out Schedule 6.
Mr Michael Meacher
656
Page 27, line 13, leave out Clause 51.
Mr Michael Meacher
658
Page 54, line 39, leave out Schedule 7.
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