Vehicle Technology and Aviation Bill (HC Bill 143)

Vehicle Technology and Aviation BillPage 10

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing
them, that the modifying authority considers appropriate;

(c) any owners or managers of aerodromes, or any bodies
5representing them, that the modifying authority considers
appropriate;

(d) any bodies representing users of air transport services that the
modifying authority considers appropriate;

(e) where the modifying authority is the CAA, the Secretary of
10State;

(f) where the modifying authority is the Secretary of State, the
CAA.

(3) The notice under subsection (1) must—

(a) state that the modifying authority proposes to modify the
15licence;

(b) specify the proposed modification;

(c) give the modifying authority’s reasons for the proposed
modification;

(d) state the effect of the proposed modification;

(e) 20specify a reasonable period for making representations.

(4) If, after publishing the notice under subsection (1), the modifying
authority decides not to make the modification in reliance on section 11,
the modifying authority must—

(a) publish a notice, giving its reasons;

(b) 25send a copy of the notice to the persons listed in subsection (2).

(5) If, after complying with subsections (1) to (3) in relation to a
modification, the modifying authority decides to modify a licence in
reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the modification;

(b) 30send a copy of the notice to the persons listed in subsection (2).

(6) The modifying authority is not to be treated as having complied with
subsections (1) to (3) in relation to a modification of a licence if the
modification differs significantly from the modification proposed in the
notice under subsection (1).

(7) 35The notice under subsection (5) must—

(a) specify the modification;

(b) specify the date from which the modification is to have effect
(subject to paragraphs 6 to 8 of Schedule A1);

(c) give the modifying authority’s reasons for the modification;

(d) 40state the effect of the modification;

(e) state how it has taken account of any representations made in
the period specified in the notice under subsection (1);

(f) state the reasons for any differences between the modifications
and those set out in that notice.

(8) 45The date specified under subsection (7)(b)

(a) in the case of a modification of a licence condition, must fall
after the end of the period of 6 weeks beginning with the day on

Vehicle Technology and Aviation BillPage 11

which the notice under subsection (5) was published (subject to
paragraphs 6 to 8 of Schedule A1);

(b) otherwise, must fall after the end of the period of 28 days
beginning with that day.

(9) 5In this section “modifying authority”—

(a) in relation to a modification of a licence condition, means the
CAA;

(b) in relation to any other modification, means the Secretary of
State.

(10) 10This section is subject to section 11B.

11B Restrictions on power to modify licence conditions

(1) The CAA must not make a proposed modification if, within the period
specified under section 11A(3)(e), the Secretary of State directs it not to
do so.

(2) 15The CAA must—

(a) publish a direction given to it under subsection (1);

(b) send a copy of the direction to persons listed in subsection (3).

(3) The persons are—

(a) the licence holder;

(b) 20any owners or operators of aircraft, or any bodies representing
them, that the modifying authority considers appropriate;

(c) any owners or managers of aerodromes, or any bodies
representing them, that the modifying authority considers
appropriate;

(d) 25any bodies representing users of air transport services that the
modifying authority considers appropriate.”

(2) Omit sections 12 to 18 of that Act.

(3) Schedule 1 to this Act, which makes provision for appeals against
modifications of licence conditions, has effect.

(4) 30Before Schedule 1 to the Transport Act 2000 insert the Schedule A1 (appeals
under section 19A) set out in Schedule 2 to this Act.

17 Air traffic services licensed under Part 1 of the Transport Act 2000:
enforcement

(1) Chapter 1 of Part 1 of the Transport Act 2000 is amended as follows.

(2) 35For section 20 substitute—

20 Enforcement

Schedule B1 makes provision for—

(a) the enforcement of the duties imposed by section 8 and licence
conditions, and

(b) 40connected appeals.”

(3) Omit sections 21 to 24.

Vehicle Technology and Aviation BillPage 12

(4) For section 25 substitute—

25 Power to obtain information

Schedule C1 makes provision—

(a) to enable the CAA to obtain information for the purposes of
5carrying out its functions under section 34 and Schedule B1,

(b) for enforcement in connection with the exercise of those
powers, and

(c) for connected appeals.”

(5) After that section insert—

10“Penalties
25A Imposing penalties

(1) The CAA may not impose a penalty on a person under paragraph 9 or
10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or
omission if it has imposed a penalty on a person under one of those
15provisions in respect of the same act or omission.

(2) Subsection (1) does not prevent the CAA imposing more than one
penalty on a person in respect of acts or omissions that take place at
different times or over different periods.

25B Recovering penalties

(1) 20This section applies if all or part of a penalty imposed on a person
under this Chapter is not paid within the period specified in the notice
given in respect of the penalty under paragraph 12 of Schedule B1 or
paragraph 6 of Schedule C1.

(2) The unpaid balance carries interest from time to time at the rate for the
25time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from any person as a debt due to the CAA

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty or interest under this
30Chapter must be paid into the Consolidated Fund.

25C Statement of policy on penalties

(1) The CAA must prepare and publish a statement of its policy with
respect to—

(a) imposing penalties under this Chapter, and

(b) 35determining their amount.

(2) The CAA may revise the statement of policy and, if it does so, it must
publish the revised statement.

(3) When imposing a penalty under this Chapter, or determining the
amount of such a penalty, the CAA must have regard to the last
40statement of policy published before the act or omission in respect of
which the penalty is to be imposed.

Vehicle Technology and Aviation BillPage 13

(4) When preparing or revising a statement, the CAA must consult any
persons that it considers appropriate.”

(6) After Schedule A1 (inserted by section 16) insert—

(a) the Schedule B1 (enforcement of duties under section 8 and licence
5conditions) set out in Schedule 3 to this Act;

(b) the Schedule C1 (information) set out in Schedule 4 to this Act.

Flight providers

18 Air travel organisers’ licences

(1) Section 71 of the Civil Aviation Act 1982 (regulation of provision of
10accommodation in aircraft) is amended as follows.

(2) After subsection (1) insert—

(1ZA) Subsection (1) applies to an activity in the European Economic Area by
a person established in the United Kingdom as it applies to an activity
in the United Kingdom.”

(3) 15After subsection (1D) insert—

(1E) The provision that may be made under or by virtue of subsection
(1A)(b) includes provision granting exemption in relation to cases
where the person by whom flight accommodation is or may be made
available or procured does not make available or procure any other
20services.”

19 Air Travel Trust

(1) In section 71A of the Civil Aviation Act 1982 (contributions by licence holders
to Air Travel Trust), in subsection (5), after “the trust” insert “(as it has effect
from time to time)”.

(2) 25After that subsection insert—

(6) The Secretary of State may by regulations amend the definition of “Air
Travel Trust” in subsection (5) above so that it refers, in addition to or
instead of any trust for the time being referred to in that subsection, to
one or more other qualifying trusts.

(7) 30A trust is a qualifying trust for the purposes of subsection (6) above if—

(a) the Secretary of State for Transport is a party to the deed
establishing the trust, and

(b) the primary purpose of the trust is the assistance of persons who
suffer losses or incur costs as a result of failure by contributors
35to the trust to fulfil obligations with regard to the provision of
flight accommodation in connection with those persons’ trips or
holidays.

In paragraph (b) “flight accommodation” has the same meaning as in
section 71.”

(3) 40In section 102 of that Act (powers to make Orders in Council, orders and

Vehicle Technology and Aviation BillPage 14

regulations), after subsection (3) insert—

(3A) Where an entry in the said column 3 specifies that a power to make
regulations is subject to the affirmative resolution procedure, a
statutory instrument containing the regulations may not be made
5unless a draft of the instrument has been laid before Parliament and
approved by a resolution of each House.”

(4) In Part 2 of Schedule 13 to that Act (provisions applying to certain powers)—

(a) in the entry for section 71A, for “Section 71A” substitute “Section
71A(1)”;

(b) 10after that entry insert—

“Section 71A(6) Regulations
amending the
definition of “Air
Travel Trust”
Subject to the
affirmative
resolution
procedure
Paragraphs 1
and 2 of Part 3
apply.”

20 15Provision of information

(1) Section 84 of the Civil Aviation Act 1982 (provision by others of information for
the CAA and Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (c) omit “of which he is not the operator”;

(b) 20after that paragraph insert—

(ca) a person established in the United Kingdom who in the
European Economic Area has, at any time during the
period of two years ending with the date of service of
the notice, held himself out as one who may as a
25principal or otherwise enter into a contract to make
available accommodation for the carriage of persons or
cargo on flights in any part of the world in aircraft,”;

(c) after paragraph (ii) insert—

(iia) in the case of such a person as in mentioned in
30paragraph (ca) of this subsection, descriptions of
information which relates to his past, present or future
activities in the European Economic Area connected
with the making available of accommodation so
mentioned,”.

(3) 35After subsection (1) insert—

(1A) Paragraphs (c) and (ca) of subsection (1) apply to a person who is the
operator of the aircraft in question only if—

(a) the person is not the holder of a licence issued by the CAA in
accordance with the Operation of Air Services in the
40Community Regulation, or

(b) the accommodation to be made available as mentioned in those
paragraphs is not limited to flight accommodation within the
meaning of section 71.”

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Part 4 Miscellaneous

21 Powers to designate premises for vehicle testing and to cap testing station fees

(1) In Part 2 of the Road Traffic Act 1988 (construction and use of vehicles and
5equipment), after section 65A insert—

“Premises designated for vehicle testing

65B Power to designate premises for vehicle testing

(1) The Secretary of State may designate premises as a station where listed
procedures specified in the designation may be carried out.

(2) 10The listed procedures are—

(a) examinations of public service vehicles under section 45 of this
Act;

(b) examinations of goods vehicles under—

(i) regulations made under section 49 of this Act, or

(ii) 15section 50 of this Act;

(c) inspections of vehicles under section 69A(1) or (2) of this Act;

(d) inspections of goods vehicles under subsection (6)(a) of section
1 of the Road Traffic (Foreign Vehicles) Act 1972 (power in
certain cases to prohibit driving of foreign vehicle);

(e) 20examinations of public service vehicles for the purposes of
section 6(1)(a) of the Public Passenger Vehicles Act 1981
(certificate of initial fitness etc required for use as public service
vehicles);

(f) examination of vehicles for the purposes of section 10(2) of that
25Act (certificate that vehicle conforms to approved type);

(g) inspections for which fees are payable under the International
Carriage of Dangerous Goods by Road (Fees) Regulations 1988
(S.I. 1988/370S.I. 1988/370) or the International Transport of Goods under
Cover of TIR Carnets (Fees) Regulations 1988 (S.I. 1988/371S.I. 1988/371);

(h) 30examinations of vehicles under the Motor Cycles Etc. (Single
Vehicle Approval) Regulations 2003 (S.I. 2003/1959S.I. 2003/1959);

(i) tests of vehicles to determine whether charges under the
Greater London Low Emission Zone Charging Order 2006 are
payable in respect of them;

(j) 35examinations of vehicles under regulation 27 of the Road
Vehicles (Approval) Regulations 2009 (S.I. 2009/717S.I. 2009/717)
(individual approval);

(k) examinations of public service vehicles under regulations
under section 176 of the Equality Act 2010 (accessibility
40certificates) or section 177 of that Act (approval certificates).

(3) The Secretary of State may by regulations amend this section so as to
add, vary or remove a listed procedure.

(4) A designation under this section may be limited to vehicles of
particular types or sizes, or with particular characteristics, or otherwise.

Vehicle Technology and Aviation BillPage 16

(5) A designation under this section—

(a) is made by giving notice in writing to the person in charge of the
premises designated;

(b) may be varied or withdrawn by a further notice in writing given
5to that person.

(6) A listed procedure may be carried out only at—

(a) premises authorised for the procedure by a designation under
this section, or

(b) premises provided for the procedure by the Secretary of State.

65C 10Power to cap testing station fees

(1) The Secretary of State may by regulations provide that any charge
made in respect of the use of designated premises for carrying out a
listed procedure may not exceed a specified amount.

(2) Regulations under this section—

(a) 15may prescribe different amounts in relation to different cases,
procedures or other circumstances, or otherwise for different
purposes;

(b) may make incidental, supplementary, consequential or
transitional provision or savings.

(3) 20In this section—

  • “designated premises” means premises designated under section
    65B;

  • “listed procedure” has the meaning given by section 65B(2);

  • “specified” means specified in the regulations.”

(2) 25In section 195 of that Act (provisions as to regulations)—

(a) in subsection (3), before “or 189” insert “, 65B(3)”;

(b) in subsection (4) (regulations subject to affirmative resolution
procedure), before “or (where made” insert “, 65B(3)”;

(c) after that subsection insert—

(4YA) 30A reference in subsection (3) or (4) to regulations under section
65B(3) of this Act does not include regulations making only
consequential amendments.

“Consequential amendment” here means an amendment that is
consequential on the repeal, revocation or replacement of a
35provision contained in or made under an enactment.”

22 Offence of shining or directing a laser at a vehicle

(1) A person commits an offence if—

(a) he or she shines or directs a laser beam at a vehicle which is in the
course of a journey, and

(b) 40the laser beam dazzles or distracts a person with control of the vehicle.

(2) It is a defence for a person charged with an offence under this section to show
that he or she—

(a) did not intend to commit the offence, and

(b) exercised all due diligence and took all reasonable precautions to avoid
45committing the offence.

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(3) A person is taken to have shown the facts mentioned in subsection (2) if—

(a) sufficient evidence of each fact is adduced to raise an issue with respect
to it, and

(b) the contrary in each case is not proved beyond reasonable doubt.

(4) 5A person who commits an offence under this section is liable—

(a) on summary conviction, to a fine, which in Scotland or Northern
Ireland may not exceed the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding
five years, to a fine or to both.

(5) 10The reference in subsection (1)(a) to a vehicle being in the course of a journey
is to be read—

(a) in relation to an aircraft, as a reference to the aircraft being in flight;

(b) in relation to a vessel, as a reference to the vessel proceeding on a
voyage.

(6) 15For the purposes of subsection (5)(a) an aircraft is in flight for the period—

(a) beginning with the moment when it first moves for the purposes of
take-off, and

(b) ending with the moment when it next comes to rest after landing.

(7) In subsection (1)(b) “a person with control of the vehicle”—

(a) 20in relation to an aircraft, means any pilot engaged in flying, or in
monitoring the flying of, the aircraft;

(b) in relation to a vessel, means the master, the pilot or any seaman
engaged in navigating the vessel.

(8) In this section—

  • 25“vehicle” means any thing used for travel by land, water or air;

  • “vessel” includes a hovercraft.

23 Courses offered as alternative to prosecution: fees etc

(1) After section 90F of the Road Traffic Offenders Act 1988 insert—

90G Power to charge fees: England and Wales

(1) 30A policing body may charge a fee for enrolment on an approved course
offered as an alternative to prosecution in England and Wales for a
specified fixed penalty offence.

(2) A fee may be set at a level that exceeds the cost of an approved course
and related administrative expenses, but any excess must be used for
35the purpose of promoting road safety.

(3) The Secretary of State may by regulations make further provision
about—

(a) how fees, or components of fees, are to be calculated;

(b) the level of fees or components of fees;

(c) 40the use of fee income.

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(4) The regulations may include provision as to the amount, or maximum
amount, of a fee or component of a fee.

(5) In this section—

  • “approved course” means a course approved (whether before or
    5after this section comes into force) by a body specified in
    regulations under subsection (6);

  • “fixed penalty offence” means an offence that is a fixed penalty
    offence for the purposes of Part 3 (see section 51);

  • “policing body” means—

    (a)

    10a local policing body, or

    (b)

    the British Transport Police Authority;

  • “promoting road safety” includes the prevention, detection or
    enforcement of offences relating to vehicles;

  • “prosecution”, in relation to an offence, includes any alternative
    15way of being dealt for the offence (other than attending an
    approved course);

  • “specified fixed penalty offence” means an offence specified under
    subsection (6).

(6) The Secretary of State may by regulations—

(a) 20specify fixed penalty offences for the purposes of this section;

(b) specify a body to approve courses for the purposes of this
section.

(7) Nothing in this section limits any power to charge fees apart from this
section.

90H 25Power to prevent courses being offered for repeat offences: England
and Wales

(1) The Secretary of State may by regulations prohibit a chief officer from
offering an approved course to a person as an alternative to prosecution
in England and Wales for a specified fixed penalty offence where—

(a) 30there is a course fee, and

(b) the person has, within a period specified in the regulations,
satisfactorily completed a similar approved course in respect of
an earlier specified fixed penalty offence.

(2) The regulations must include provision for the purpose of identifying
35what counts as a “similar” course; and that provision may, in particular,
confer power on a person to determine what courses count as similar.

(3) In this section “chief officer” means—

(a) a chief officer of police of a police force in England and Wales, or

(b) the Chief Constable of the British Transport Police Force.

(4) 40In this section the following terms have the meaning given by section
90G(5)

  • “approved course”;

  • “specified fixed penalty offence”.

90I Procedure for regulations under this Part

(1) 45A power to make regulations under this Part is exercisable by statutory
instrument.

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(2) A statutory instrument containing regulations made by the Secretary of
State under this Part is subject to annulment in pursuance of a
resolution of either House of Parliament.

(3) Regulations under this Part may include—

(a) 5incidental or supplementary provision;

(b) different provision for different purposes.”

(2) After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996
(S.I. 1996/1320 (N.I. 10)S.I. 1996/1320 (N.I. 10)) insert—

91G Power to charge fees

(1) 10The Policing Board may charge a fee for enrolment on an approved
course offered as an alternative to prosecution for a specified fixed
penalty offence.

(2) A fee may be set at a level that exceeds the cost of an approved course
and related administrative expenses, but any excess must be used for
15the purpose of promoting road safety.

(3) The Department of Justice may by regulations make further provision
about—

(a) how fees, or components of fees, are to be calculated;

(b) the level of fees or components of fees;

(c) 20the use of fee income.

(4) The regulations may include provision as to the amount, or maximum
amount, of a fee or component of a fee.

(5) In this Article—

  • “approved course” means a course approved (whether before or
    25after this Article comes into force) by a body specified in
    regulations under paragraph (6);

  • “fixed penalty offence” means an offence that is a fixed penalty
    offence for the purposes of Part 5 (see Article 57);

  • “promoting road safety” includes the prevention, detection or
    30enforcement of offences relating to vehicles;

  • “prosecution”, in relation to an offence, includes any alternative
    way of being dealt for the offence (other than attending an
    approved course);

  • “specified fixed penalty offence” means an offence specified under
    35paragraph (6).

(6) The Department of Justice may by regulations—

(a) specify fixed penalty offences for the purposes of this Article;

(b) specify a body to approve courses for the purposes of this
Article.

(7) 40Nothing in this Article limits any power to charge fees apart from this
Article.