MOT Regulations - Scotland

1960  No.  270  (S. 8)

The Cycle Racing on Highways (Scotland) Regulations, 1960
 
Made                                18th February, 1960
Laid before Parliament     19th  February, 1960
Coming into Operation     1st  March, 1960

 
In exercise of the powers conferred on me by section 13 of the Road Traffic Act, 1956(a), and, of all other powers enabling me in that behalf, and after consultation with representative organisations in accordance with the provisions of subsection (2) of section 111 of the Road Traffic Act, 1930(b), as extended by section 51 of, and paragraph 27 of the Eighth Schedule to, the Road Traffic Act, 1956, I hereby make the following regulations :

1.    These regulations shall come into operation on the first day of March, 1960, and may be cited as The Cycle Racing on Highways (Scotland) Regulations, 1960.

2.    (1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:
“ time trial” means a race or trial of speed on a public highway between bicycles or tricycles, not being motor vehicles, so arranged and conducted:
(a)    where the competitors are not divided into groups, that each competitor starts at a time which is separated by an interval of not less than one minute from the starting time of every other competitor, or, where the competitors are divided into groups, that:
(i)    a group does not include more than four competitors,
(ii)    no member of a group competes against any other member of that group,
(iii)    each member of a group starts at the same time as every other member of that group, and
(iv)    each group starts at a time which is separated by an interval of not less than one minute from the starting time of any other group; and
(b)    that the result of the race or trial depends not upon the order in which the competitors or any of them reach a particular point but upon:
(i)    the time each competitor or, if the competitors are divided into groups as aforesaid, any member of a group takes to get from his starting, point to his finishing point, or
(ii)    the distance which each competitor or, as the case may be, any member of a group of competitors covers in a fixed time reckoned from the time when he starts;
    “bicycle race” means a race or trial of speed on a public highway between bicycles or tricycles, not being motor vehicles, which is not a time trial ;
    “promoter”, in relation to a time trial or bicycle race, means the person who organises or arranges or is responsible for the organisation or arrangement of the race or trial;
    “appropriate Chief Constable”, in relation to a time trial or bicycle race, means the Chief Constable for every police area as defined in the Police (Scotland) Act, 1956(a), which contains any public highway on which the race or trial is held; and
    “standard conditions” has the meaning assigned to it by sub-paragraph (a) of paragraph (1) of regulation 5 of these regulations.
(2) The Interpretation Act, 1889(b), shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

3.    (1) Subject to the following provisions of this regulation, the holding of a time trial is hereby authorised if the promoter of the trial, not less than twenty-eight days before the day on which the trial is to be held, or if it is to be held on more than one day, the day on which the trial is to begin, gives to the appropriate Chief Constable notice in writing of the proposal to hold the trial and the following particulars with respect thereto:
(a)    the day or days on which and the times during which the time trial is to be held,
(b)    a description of the route to be followed by the competitors and the name of, or a description sufficient to identify, any public highway on which the trial or any part thereof is to take place,
(c)    particulars of any place or places where the trial is to start or where it is to finish,
(d)    the maximum number of competitors who will be permitted to take part in the trial,
(e)    sufficient particulars to show what arrangements will be made for marshalling, assisting or supervising the competitors, and
(f)    such particulars of the rules or arrangements governing the trial as may be sufficient to show that the proposed trial is a time trial.
(2) The holding of a time trial shall not be treated as authorised under this regulation unless the circumstances in which it is held and conducted accord with the particulars given under paragraph (1) of this regulation.

4.    (1) If:
(a)    notice of a proposal to hold a time trial has not been given in accordance with the provisions of paragraph (1) of regulation 3 of these regulations, or
(b)    particulars with respect to the trial have not been given in accordance with the said paragraph (1), or
(c)    changes are proposed in the circumstances affecting the trial which affect the particulars which have been given in accordance with the said paragraph (1),
and the promoter, before the holding of the trial:
(i)    in the case mentioned in sub-paragraph (a) of this paragraph gives to the appropriate Chief Constable notice in writing of the proposal to hold the trial together with such particulars with respect to the trial as mentioned in the said paragraph (1) and applies to the said Chief for the holding of the trial to be authorised, or
(ii)    in the case mentioned in sub-paragraph (b) of this paragraph gives the appropriate Chief Constable any particulars which should have been previously given, or
(iii)    in the case mentioned in sub-paragraph (c) of this paragraph gives to the appropriate Chief Constable particulars of the changes referred to in the said sub-paragraph (c),
the said Chief Constable may, in the cases mentioned in sub-paragraph (a) or (b) authorise the trial to be held or, in the case mentioned in sub­ paragraph (c) authorise the trial to be held with the said changes or such of them as he may approve.
(2 )   The holding of a time trial shall not be treated as authorised under this regulation unless the circumstances in which it is held and conducted accord with the particulars given under regulation 3 of these regulations or paragraph (1) of this regulation or, where the trial is authorised with any changes, with those changes.

5     (1) Subject to the following provisions of this regulation and the provisions of regulation 8 of these regulations the holding of a bicycle race is hereby authorised if:
(a)    the race is held and conducted in accordance with the following conditions (in these regulations referred to as “the standard con­ditions”) ;
(i)    the number of competitors must not exceed forty;
(ii)    no part of the race must take place during the time between half-an-hour after sunset and half-an-hour before sunrise;
(iii)    where the route to be followed by a competitor is such that he must while on the highway pass a point on that highway at least twice (whether in the same or a different direction), the length of the route which he has to follow after passing that point at any time until he next passes it again must not be less than ten miles; and
(iv)    where any length of the route includes any public highway on which any speed limit is imposed by or under any enactment, that length must not exceed one mile and a half and no part of it must lie within three miles, measured along the route, of any part of any other such length, and
(b)    the promoter of the race, not less than twenty-eight days before the day on which the race is to be held or, if it is to be held on more than one day, the day on which the race is to begin, gives to the appropriate Chief Constable notice in writing of the proposal to hold the race and the like particulars with respect to the race as are required by sub­ paragraphs (a) to (e) of paragraph (1) of regulation 3 of these regulations to be given with respect to a proposed time trial, and also such further particulars relating to the race as may be sufficient to show that it is proposed to be held and conducted in accordance with the standard conditions.
    (2) The holding of a bicycle race shall not be treated as authorised under this regulation unless the circumstances in which it is held and conducted accord with the particulars given under sub-paragraph (b) of paragraph (1) of this regulation.
 
6.    (1) If:
(a)    notice of a proposal to hold a bicycle race has not been given in accordance with sub-paragraph (b) of paragraph (1) of regulation 5 of these regulations, or
(b)    particulars with respect, to the race have not been given in accordance with the said sub-paragraph (b), or
(c)    changes are proposed in 1the circumstances affecting the race which affect the particulars which have been given in accordance with the said sub-paragraph (b), and the promoter, before the holding of the race,
(i)     in the case mentioned in sub-paragraph (a) of this paragraph gives to the appropriate Chief Constable notice in writing of the proposal to hold the race together with such particulars with respect to the race as are referred to in sub-paragraph (b) of paragraph (1) of regulation 5 of these regulations and applies to the said Chief Constable for the holding of the race to be authorised, or
(ii)    in the case mentioned in sub-paragraph (b) of this paragraph gives to the appropriate Chief Constable any particulars which should  have been previously given, or
(iii)    in the case mentioned in sub-paragraph (c) of this paragraph gives to the appropriate Chief Constable particulars of the changes referred to in the said sub-paragraph (c),
    the said Chief Constable may, in the cases mentioned in, the said sub­ paragraph (a), or (b), authorise, the race to be held or, in the case mentioned in the said sub-paragraph (c), authorise the race to be held with the said changes or suoh of them as he may approve.
(2) The holding of a bicycle race shall not be treated as authorised under this regulation unless the circumstances, in which it is held and conducted accord with the particulars given under regulation 5 of these regulations or paragraph (1) of this regulation or, where the race is authorised with any changes, with those changes:
    Provided that this paragraph shall have effect subject to any condition which may be imposed on the holding or conduct of the race under regulation 8 of these regulations.

7     (1) The appropriate Chief Constable may authorise the holding of a bicycle race which is not a race proposed to be held and conducted in accordance with the standard conditions if, before the holding of the race, the  promoter  applies  to the said  Chief  Constable  for  the  race  to  be authorised and gives to the said Chief Constable in writing the like particulars with respect to  the race as are  required  by sub-paragraphs (a) to (e) of paragraph (1) of regulation 3 of these regulations to be given with respect to a proposed time trial.
    (2) The holding of a bicycle race shall not be treated as authorised under this regulation unless the circumstances in which it is held and conducted accord with the particular given under paragraph (1) of this regulation:
    Provided that this paragraph shall have effect subject to any condition which may be imposed on the holding or conduct of the race under regulation 8 of these regulations.

8    (1) The appropriate Chief Constable  may, when  authorising the bicycle race under regulation 6 or 7 of these regulations, impose such conditions as he he may think fit on the holding or conduct of  the race so far as it takes place on a public highway.
      (2) If the appropriate Chief Constable to whom notice and  particulars have been given under sub-paragraph (b) of paragraph (1) of regulation 5 of these regulations with respect to a bicycle race proposed to be held and conducted in accordance with the standard conditions considers it desirable the conditions should be imposed on the holding or conduct of the race, he may impose such conditions for that purpose as he may think fit, and if he does so the holding of the race shall be treated as authorised by this paragraph and not by the said regulation 5.
     (3) The holding of a bicycle race shall not be treated as authorised by the foregoing paragraph unless the circumstances in which it is held are conducted accord with the conditions imposed  thereunder, with the particulars referred to therein and with the standard conditions, so far as they are not affected by the conditions imposed as aforesaid.
     (4) Without prejudice to the generality of the provisions of paragraphs (1) and (2) of this regulation the conditions which may be imposed on the holding or conduct of a bicycle race by the appropriate Chief Constable may include conditions relating to all or any of the following matters:
(a)    the days on which and the times during which the bicycle race will be held.
(b)    the places on a public highway where the bicycle race is or is not to start or finish,
(c)    any public highway, or any part of a public highway on which the bicycle race is not to be held,
(d)    the number of competitors who may take part,
(e)    the arrangements to be made by the promoters for marshalling, assisting or supervising the competitors.

Dated this 18th day of February, 1960.

John S. Maclay,
One of Her Majesty’s Principal Secretaries of State.


St. Andrew’s House, Edinburgh, 1.

 
EXPLANATORY NOTE
(This Note is not part of the Regulations, but is intended to indicate their general purport.)
These Regulations provide for the authorisation of the holding of races or trials of speed between bicycles or tricycles, not being motor vehicles, on public highways. The Regulations distinguish between a race or trial of speed being a “time trial” (as defined by Regulation 2 (1) and any other kind of race or trial (described by Regulation 2 (1) as a “ bicycle race “) and provide:
(1)    that the holding of a time trial is authorised if notice of the proposal to hold the trial, containing particulars with respect to it, is given to the police (Regulation 3 (1)) ;
(2)    that the holding of a bicycle race is authorised if it is held and con­ducted in accordance with the conditions specified in Regulation 5 (1) (a) and the like notice as aforesaid with respect to the race is given to the police (Regulation 5 (1));
(3)    that in the case of a time trial or such a bicycle race as aforesaid of which the required notice has not been given or where the necessary particulars with respect to the trial or race have not been given, or where changes are proposed in the circumstances affecting the trial or race which affect the particulars which have been given, the police, if given notice and the particulars or, as the case may be, particulars of the said changes, may authorise the trial or race to be held (Regulations 4 (1) and 6 (1));
(4)    that in the case of a bicycle race which is not a race proposed to be held and conducted in circumstances which accord with the conditions specified in Regulation 5 (1) (a), the police may, if application is made to them and the like particulars as aforesaid with respect to the race are given to them, authorise the race to be held (Regulation 7 (1)) ;
(5)    that in the case of any bicycle race, the police may impose conditions subject to which it may be held and conducted (Regulation 8).