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)
- Authorising Act: Road Traffic Act (power conferred by section 142)
- Commencement: 14 March 2011
- Enacting date: 28 February 2011
- Current status: Current version (as at 27 March 2026)
- Key provisions: Section 2 (definitions); Section 3 (meaning of “post-election period”); Sections 4–6 (exemptions and conditions); Section 7 (non-derogation)
- Related legislation (as indicated): 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 from certain road-traffic rules that would otherwise apply to the use of goods vehicles to carry persons during election-related public processions.
In practical terms, the Order recognises that election campaigns and post-election celebrations may involve public processions—such as parades or victory celebrations—where candidates, political party supporters, or voters may be carried on vehicles. However, general road-traffic rules typically restrict how persons may be carried in goods vehicles (for example, concerning seating arrangements, speed, and safety). The Order temporarily relaxes those restrictions for defined election periods and defined procession purposes, but only if strict conditions are met.
The exemption is not automatic. It applies only to “written laws set out in the Schedule” (the specific provisions are identified in the Schedule) and only when the procession is held within the defined “post-election period”, for the specified purpose (showing appreciation or celebrating victory), and in accordance with a permit. The Order also preserves the operation of election-specific vehicle restrictions and other laws.
What Are the Key Provisions?
1. Definitions and the election time window (Section 2 and Section 3)
The Order’s scope is driven by its definitions and, critically, by the concept of the “post-election period”. Section 2 defines key terms including “candidate”, “parliamentary election”, “presidential election”, “permit”, “political party”, and “Returning Officer”. These definitions ensure that the exemption aligns with the nomination, polling, and declaration mechanics under the Parliamentary Elections Act 1954 and the Presidential Elections Act 1991.
Section 3 then sets out how long the “post-election period” lasts. The duration is generally 7 days, but the starting point depends on whether the election is contested and on the type of election:
- Presidential election: 7 days after nomination day if uncontested; if contested, 7 days after polling day when a candidate is declared elected, or 7 days after the declaration following overseas votes counting.
- Parliamentary election by-election: 7 days after nomination day if uncontested; if contested, 7 days after polling day upon declaration of elected candidate(s), or 7 days after the overseas votes declaration.
- Parliamentary election at a general election: similarly 7 days after nomination day if uncontested; if contested, 7 days after polling day declaration, or 7 days after overseas votes declaration.
This structure matters for practitioners because it determines whether a procession date falls within the exemption window. A procession held outside the defined post-election period will not qualify, even if it is otherwise election-related.
2. Exemption after a presidential election (Section 4)
Section 4 provides that, subject to the conditions in paragraph 6, the written laws in the Schedule shall not apply to (or in relation 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.
The exemption is limited to processions that are:
- held during the defined post-election period;
- 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.
Accordingly, the exemption is not merely about timing; it also requires a specific procession purpose and authorisation link to a candidate, plus compliance with the permitting regime.
3. Exemption after a general election or by-election (Section 5)
Section 5 mirrors the presidential framework for parliamentary elections, again subject to the conditions in paragraph 6. It exempts the Schedule’s written laws from applying to the use of goods vehicles 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.
The procession must be:
- held during the post-election period of the parliamentary election in that electoral division;
- for showing appreciation to voters or celebrating 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 (as authorising entities) is significant. It expands the practical range of who can organise or authorise the procession, which is often relevant for operational planning and compliance documentation.
4. Conditions of exemption (Section 6)
Even where the procession meets the timing, purpose, authorisation, and permit requirements, the exemption only applies if the strict safety and insurance conditions in Section 6 are satisfied.
The conditions are:
- Safe driving: the goods vehicle must be driven in a safe manner having regard to the safety of all passengers on the vehicle.
- Speed limitation when standing passengers are carried: the goods vehicle must not be driven at a speed exceeding 15 km/h when it is carrying any person who is not in a sitting position on the deck of the vehicle.
- Insurance policy: there must be in force at all times a policy of insurance relating to the vehicle covering death of, or bodily injury to, any person caused by or arising out of the use of the vehicle on a road.
For lawyers advising organisers, these conditions are the compliance “gatekeepers”. They also raise operational questions: how passengers are arranged (sitting vs standing), how speed is monitored, and whether insurance is properly scoped to cover the relevant risks during the procession.
5. Non-derogation (Section 7)
Section 7 provides that nothing in the Order derogates from:
- provisions of the Parliamentary Elections Act 1954 or the Presidential Elections Act 1991 restricting or prohibiting the use of vehicles in respect of an election under either Act; and
- any other written law for the time being in force.
This is an important interpretive safeguard. It means the exemption in the Order does not override election-specific vehicle restrictions or other legal requirements (for example, general traffic laws, public order requirements, or other regulatory regimes). In practice, organisers must treat the Order as a limited exemption from the specified Schedule provisions, not as a blanket authorisation to disregard other legal constraints.
How Is This Legislation Structured?
The Order is structured in a straightforward way:
- Section 1: Citation and commencement (14 March 2011).
- Section 2: Definitions (candidate, parliamentary election, permit, political party, presidential election, Returning Officer).
- Section 3: Meaning of “post-election period” (presidential and parliamentary scenarios, including contested/uncontested and overseas vote declaration timing).
- Sections 4 and 5: Exemption after presidential election and after general election/by-election respectively, each specifying the procession purpose, authorisation, permit requirement, and geographic/time limitations.
- Section 6: Conditions of exemption (safe driving, speed limit where standing passengers are carried, and insurance coverage).
- Section 7: Non-derogation clause preserving other legal restrictions.
- The Schedule: Identifies the “written laws” from which exemption is granted (the extract provided does not reproduce the Schedule text, but it is central to determining the exact traffic provisions being disapplied).
Who Does This Legislation Apply To?
The Order applies to the use of goods vehicles on roads in connection with public processions that meet the election-related criteria. While it is framed as an exemption from certain road-traffic rules, in practice it governs the conduct of those who arrange, authorise, and operate such vehicles during the relevant post-election periods.
It is particularly relevant to:
- Candidates (for presidential elections and parliamentary elections);
- Political parties (for parliamentary elections, where parties may authorise processions);
- Organisers and vehicle operators responsible for driving, passenger arrangements, speed compliance, and ensuring insurance is in force; and
- Permitting authorities and compliance teams ensuring the procession is held “in accordance with a permit” under the Public Order Act 2009.
Because Section 5 restricts the exemption to processions “within an electoral division” for parliamentary elections, the geographic scope is also a key applicability factor.
Why Is This Legislation Important?
This Order is important because it balances two competing policy objectives: (1) enabling democratic participation and public celebration through processions, and (2) maintaining road safety and legal compliance when persons are carried on goods vehicles—an inherently higher-risk activity compared to conventional passenger transport.
From a practitioner’s perspective, the Order’s value lies in its precision. It does not simply permit election processions; it defines a time window (“post-election period”), limits the purpose (appreciation to voters or victory celebration), requires authorisation (candidate or political party), and mandates a permit. It then imposes concrete safety and insurance conditions, including a 15 km/h speed cap where any passenger is not sitting on the vehicle deck.
Finally, Section 7 ensures that the exemption does not become a loophole. Even if the Order applies, organisers must still comply with election-specific vehicle restrictions under the Parliamentary Elections Act 1954 and Presidential Elections Act 1991, and with all other written laws. This non-derogation clause is likely to be central in enforcement and in any legal dispute about whether a particular procession was lawfully conducted.
Related Legislation
- Road Traffic Act (Cap. 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.