Statute Details
- Title: Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011
- Act Code: RTA1961-S138-2011
- Type: Subsidiary Legislation (SL)
- Enacting Authority: Made by the Minister for Transport under section 142 of the Road Traffic Act
- Date Made: 28 February 2011
- Commencement: 14 March 2011
- Status: Current version (as at 27 March 2026)
- Key Provisions:
- Section 2: Definitions (including “candidate”, “permit”, “political party”, and “Returning Officer”)
- Section 3: Meaning of “post-election period” (presidential and parliamentary, contested and uncontested)
- Sections 4–5: Exemption after presidential election and after general election/by-election
- Section 6: Conditions of exemption (safety, speed limit, insurance)
- Section 7: Non-derogation from other laws (including election-specific vehicle restrictions)
- Schedule: “Written laws” from which exemption is granted (not reproduced in the extract)
- Related Legislation (as provided): Parliamentary Elections Act 1954; Presidential Elections Act 1991; Public Order Act 2009; Road Traffic Act; Societies Act 1966
What Is This Legislation About?
The Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011 (“the Order”) creates a narrowly tailored legal exemption that allows certain election-related public processions to use goods vehicles to carry persons on roads, even though the underlying “written laws” listed in the Schedule would otherwise restrict or prohibit such use.
In practical terms, the Order is designed to accommodate election campaigning and post-election celebrations—such as public processions showing appreciation to voters or celebrating victory—while still imposing safety and insurance safeguards. It does not provide a general licence to carry passengers in goods vehicles; rather, it is time-bound (tied to a defined “post-election period”), purpose-bound (tied to specific election-related processions), and condition-bound (safety, speed, and insurance).
The Order also carefully preserves the operation of election-specific restrictions and other laws. Section 7 makes clear that the exemption does not override prohibitions or restrictions in the Parliamentary Elections Act 1954 or the Presidential Elections Act 1991, nor does it displace any other written law. This is important for practitioners because it means compliance requires a layered analysis: the Order may remove one road-traffic barrier, but it does not immunise conduct from election law or other regulatory regimes.
What Are the Key Provisions?
1. Definitions and the legal “trigger” for the exemption (Section 2)
Section 2 defines key terms that determine who may authorise processions and what kinds of processions are covered. Notably:
- “Candidate” includes individuals nominated under the Parliamentary Elections Act 1954 (for election as a Member of Parliament for an electoral division) or nominated under the Presidential Elections Act 1991 (for election as President).
- “Permit” refers to a permit granted under section 7 of the Public Order Act 2009 in respect of a public procession.
- “Political party” means a political party registered under the Societies Act 1966.
- “Returning Officer” is the Returning Officer appointed under the relevant election Act.
These definitions matter because the exemption is not automatic. It is activated only when the procession is held in the specified election context and in accordance with a permit.
2. The “post-election period” is precisely defined (Section 3)
Section 3 is central to the Order’s time-limited nature. It defines the “post-election period” differently for presidential elections and parliamentary elections, and further distinguishes between uncontested and contested elections.
For a presidential election, the post-election period is generally 7 days after nomination day if uncontested. If contested, it is 7 days after polling day when the Returning Officer declares a candidate elected, or 7 days after the day the Returning Officer declares a candidate elected following counting of overseas electors.
For a parliamentary election, the post-election period is similarly 7 days after nomination day if uncontested, or 7 days after polling day (or after overseas votes are counted and declarations are made) if contested. The provision applies to both by-elections and general elections, and it is tied to the relevant electoral division.
From a practitioner’s perspective, this drafting reduces ambiguity. It also means that advising clients requires careful checking of the election timeline and the relevant Returning Officer declarations under the election Acts.
3. Exemption after presidential election (Section 4)
Section 4 provides that, subject to conditions in paragraph 6, the “written laws” in the Schedule shall not apply to the use of any goods vehicle on any road in connection with a public procession held:
- during the post-election period of a presidential election;
- for the purpose of showing appreciation to voters or celebrating any victory at the presidential election;
- by or with the authorisation of any candidate at that presidential election; and
- in accordance with a permit.
This structure indicates that the exemption is limited to processions that are both (i) election-purpose and (ii) properly authorised and permitted. “In connection with elections” is not enough by itself; the procession must be for the specified purposes and must be held during the defined post-election window.
4. Exemption after general election or by-election (Section 5)
Section 5 mirrors Section 4 for parliamentary elections, but expands the authorisation category. The exemption applies to goods vehicle use on roads within an electoral division in connection with a public procession held:
- during the post-election period of a parliamentary election in that electoral division;
- for the purpose of showing appreciation to voters or celebrating any victory at that election;
- by or with the authorisation of any candidate at that parliamentary election or any political party whose candidates are nominated for such election; and
- in accordance with a permit.
The inclusion of political parties (registered under the Societies Act 1966) is significant for advising campaign organisers. It means that authorisation does not need to come solely from individual candidates; it may come from a qualifying political party whose candidates are nominated for the election.
5. Conditions of exemption: safety, speed, and insurance (Section 6)
Even where the procession meets the time, purpose, authorisation, and permit requirements, the exemption is conditional. Section 6 imposes three key requirements:
- Safe driving: the goods vehicle must be driven in a safe manner having regard to the safety of all passengers on the vehicle.
- Speed limit when passengers are not seated: the vehicle must not be driven at a speed exceeding 15 km/h when carrying any person who is not in a sitting position on the deck of the vehicle.
- Insurance coverage: there must be in force at all times a policy of insurance relating to the vehicle covering any death of, or bodily injury to, any person caused by or arising out of the use of the vehicle on a road.
These conditions are likely to be the most litigated in practice because they are operational. Lawyers advising organisers should ensure that (i) the vehicle is operated by competent drivers, (ii) passenger arrangements comply with the “sitting position” concept, (iii) speed is managed to the 15 km/h threshold where standing or non-sitting arrangements occur, and (iv) insurance is current and properly covers the relevant risks.
6. Non-derogation: the exemption does not override election law or other laws (Section 7)
Section 7 provides that nothing in the Order derogates from:
- vehicle restrictions or prohibitions in the Parliamentary Elections Act 1954 or the Presidential Elections Act 1991; and
- any other written law for the time being in force.
This clause is a legal “safety net” that prevents the Order from being read as a broad override. For example, even if the road-traffic exemption applies, organisers may still face restrictions under election legislation or other regulatory requirements (including public order, transport licensing, and general road safety obligations).
How Is This Legislation Structured?
The Order is structured in a straightforward way:
- Section 1 sets out the citation and commencement date.
- Section 2 provides definitions that control interpretation.
- Section 3 defines “post-election period” for presidential and parliamentary elections, including contested/uncontested and overseas vote declaration scenarios.
- Sections 4 and 5 create the exemption after presidential elections and after general elections/by-elections, respectively, each tied to purpose, authorisation, permit, and electoral geography.
- Section 6 lists the conditions that must be satisfied for the exemption to operate.
- Section 7 contains the non-derogation clause.
- The Schedule identifies the specific “written laws” from which exemption is granted. (The extract does not reproduce the Schedule text, but it is essential for determining exactly which road-traffic provisions are displaced.)
Who Does This Legislation Apply To?
The Order applies to the use of goods vehicles on roads in connection with specified election-related public processions. While it is framed as an exemption from “written laws” in the Schedule, the practical effect is directed at those who organise, authorise, permit, and operate such processions—typically election candidates, political parties, procession organisers, and the drivers/operators of goods vehicles.
Eligibility depends on meeting the defined criteria: the procession must be held during the relevant post-election period, for the specified appreciation/victory purpose, authorised by the relevant candidate or (for parliamentary elections) a qualifying political party, and conducted in accordance with a permit under the Public Order Act 2009. The vehicle use must also comply with the conditions in Section 6, including insurance and safety-related operational constraints.
Why Is This Legislation Important?
This Order is important because it addresses a recurring election logistics issue: whether campaign and post-election celebrations can lawfully involve goods vehicles carrying people, despite general road-traffic restrictions. By creating a controlled exemption, the law enables public expression and celebration while maintaining minimum safety and liability protections.
For practitioners, the Order’s value lies in its precision. The “post-election period” is not a vague concept; it is tied to nomination day, polling day, and specific declaration events by the Returning Officer, including overseas vote counting. This reduces interpretive risk and supports defensible compliance advice.
However, the Order’s non-derogation clause means it should not be treated as a blanket election exemption. Lawyers should advise clients to conduct a compliance matrix review: (i) confirm the procession falls within Sections 4 or 5; (ii) verify the permit under the Public Order Act 2009; (iii) ensure the authorisation is from the correct legal actors (candidate or qualifying political party); (iv) ensure Section 6 conditions are operationally met; and (v) check whether any election-specific vehicle restrictions apply under the Parliamentary Elections Act 1954 or Presidential Elections Act 1991, as well as any other written laws.
Related Legislation
- Road Traffic Act (Chapter 276)
- Parliamentary Elections Act 1954
- Presidential Elections Act 1991
- Public Order Act 2009
- Societies Act 1966
Source Documents
This article provides an overview of the Road Traffic (Carriage of Persons in Goods Vehicles in Connection with Elections) (Exemption) Order 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.