Road Traffic (Administration) Act 2008

In this section —

If a light is used, kept, burnt, or exhibited at a place or in a manner that in the opinion of the Commissioner is likely to confuse traffic on a road or create circumstances or conditions likely to adversely affect or to cause risk of danger to traffic on a road, the Commissioner may by notice in writing require the owner of or the person in charge of the light or the occupier of the place or premises where the light is used, kept, burnt, or exhibited to take effectual means —

to extinguish the light; or

to remove the light entirely or to some other position; or

to modify the light or to alter its character or colour, or to screen the light to the extent and in the manner as directed by the Commissioner; or

to refrain from using, keeping, burning, or exhibiting the light either entirely or for the period or during the hours as directed by the Commissioner; or

to do or refrain from doing any other act, matter, or thing in relation to using, keeping, burning, or exhibiting the light as directed by the Commissioner.

A notice under subsection (2) must state —

the time by which the notice must be complied with; and

that a failure to comply with the notice may constitute an offence.

A notice under subsection (2) may be served —

on the owner, or person in charge, of the light, or the occupier of the place or premises; or

by affixing it in some conspicuous place on or near the place or premises upon or in which the light to which the notice relates is used, kept, burnt, or exhibited.

A person who is served with a notice under subsection (2) must not, without reasonable excuse, fail to comply with the notice.

a fine of 8 PU;

a daily penalty of a fine of 1 PU for each day or part of a day during which the offence continues.

If a person served with a notice under subsection (2) fails in any respect to comply with the notice within the time specified in the notice for compliance, the Commissioner or any person given written authorisation by the Commissioner may enter upon the place or premises at which the light to which the notice relates is used, kept, burnt or exhibited, and take effectual means (but doing no unnecessary damage) to carry out and otherwise give effect to the notice to the extent to which it has not been complied with.

Any expense incurred by the Commissioner or the person authorised by the Commissioner under subsection (5) is a debt owing to the Commissioner by the person upon whom the notice was served and is recoverable by the Commissioner in a court of competent jurisdiction.

A person who is injured or whose property is damaged as a result of a light to which a notice under subsection (2) relates confusing traffic on a road or creating circumstances or conditions that adversely affected or caused risk of danger to traffic on a road may, by way of civil proceedings, recover compensation or damages in respect of the injury or damage from a person who was served, but failed to comply with, the notice within the time specified in the notice for compliance.

The omission on the part of the Commissioner to give any notice under subsection (2), or the failure on the part of the Commissioner to exercise the power conferred by subsection (5), does not make the Commissioner responsible or liable in any way for an injury to a person or damage to property that occurred as a result of a light confusing traffic on a road or creating circumstances or conditions that adversely affected or caused risk of danger to traffic on a road.