Deregulation Bill

AmendmentS
to be moved
in committee

After Clause 57

LORD WALLACE OF SALTAIRE

 

Insert the following new Clause—

“Motor racing on public roads: general

(1)     The Road Traffic Act 1988 is amended as follows.

(2)     In section 12 (motor racing on public ways), after subsection (1) insert —

“(1A)    Subsection (1) is subject to—

(a)   in relation to England and Wales, sections 12A to 12F (which
make provision to allow the holding of races or trials of
speed between motor vehicles on public ways in England
and Wales);

(b)   in relation to Scotland, sections 12G to 12I (which make
provision to allow the holding of races or trials of speed
between motor vehicles on public ways in Scotland).”

(3)     After section 12 insert—

“12A          Motor race orders: England and Wales: overview

(1)     Sections 12A to 12F allow highway authorities to make orders
relating to the holding of a race or trial of speed between motor
vehicles on a highway in England and Wales (“motor race orders”).

(2)     A motor race order is made on the application of the person
promoting the event, with the permission of a motor sport
governing body (see sections 12B to 12D).

(3)     The effect of a motor race order is set out in section 12E.

12B          Permission to apply for motor race order

(1)     A person who wishes to promote a race or trial of speed between
motor vehicles on a highway in England and Wales may apply for
a permit to a motor sport governing body authorised by regulations
made by the appropriate national authority to issue permits in
respect of a race or trial of speed of that kind.

(2)     Before issuing a permit, the motor sport governing body must
consult—

(a)   the highway authority for each area in which the event is to
take place or which is otherwise likely to be significantly
affected by the event,

(b)   the local authority for each such area,

(c)   the police authority for each such area,

(d)   in the case of an event that is to take place in Greater
London, the Greater London Authority,

(e)   each person who has given the motor sport governing body
written notice within the previous 12 months that the
person wishes to be consulted about applications under this
section, and

(f)   such other persons as the motor sport governing body
thinks appropriate.

(3)     The motor sport governing body must issue the permit if satisfied
that—

(a)   the applicant intends to promote the proposed event,

(b)   the applicant has the necessary financial and other
resources to make appropriate arrangements for the event,

(c)   the applicant has arranged or will arrange appropriate
insurance cover in connection with the event, in accordance
with guidance issued by the motor sport governing body,
and

(d)   the application includes all necessary details of the safety
and other arrangements proposed for the event.

(4)     A permit must specify—

(a)   any route to be followed in the course of the event;

(b)   arrangements for the approval by the motor sport
governing body of drivers participating in the event;

(c)   arrangements for the approval by the motor sport
governing body of vehicles to be used in the course of the
event;

(d)   arrangements made or to be made for insurance in
connection with the event.

(5)     A permit may set out conditions that the motor sport governing
body thinks should be included in any motor race order made in
relation to the event.

(6)     The appropriate national authority must by regulations list motor
sport governing bodies that are authorised to issue permits for the
purposes of this section.

(7)     The regulations may specify the kinds of races or trials of speed
between motor vehicles on a highway in respect of which each
listed governing body may issue permits.

(8)     The regulations may provide that a listed motor sport governing
body ceases to be authorised to issue permits if the rules of the
governing body—

(a)   include provision of a kind specified in the regulations;

(b)   do not include provision of a kind so specified.

(9)     In this section—

“the appropriate national authority” means—

(a)   in relation to England, the Secretary of State;

(b)   in relation to Wales, the Welsh Ministers;

“local authority” means —

(a)   a county or district council in England;

(b)   a parish council in England;

(c)   a London borough council;

(d)   the Common Council of the City of London in its
capacity as a local authority;

(e)   the Council of the Isles of Scilly;

(f)   a county or county borough council in Wales.

12C          Application for motor race order

(1)     A motor race order may only be made on an application under this
section.

(2)     An application may be made only by a person who—

(a)   wishes to promote a race or trial of speed between motor
vehicles on a highway in England and Wales, and

(b)   has a permit issued in accordance with section 12B in
relation to the event.

(3)     The application must be made to the highway authority for the area
in which the event is to take place (and, where the event is to take
place in the area of more than one highway authority, separate
applications must be made under this section to each authority).

(4)     The application must be made not less than 6 months before the
event.

(5)     The application must be accompanied by—

(a)   the permit issued in accordance with section 12B;

(b)   details of any orders under section 16A of the Road Traffic
Regulation Act 1984 (prohibition or restriction on roads in
connection with certain events), and of any other orders,
regulations or other legislative instruments, that will be
needed in connection with the event;

(c)   a risk assessment in such form as the highway authority
may specify;

(d)   such fee as the highway authority may specify.

12D          Determination of applications for motor race orders

(1)     Before determining whether to make a motor race order, a highway
authority must consider—

(a)   the likely impact of the event on the local community,

(b)   the potential local economic and other benefits (in respect of
tourism or otherwise), and

(c)   any other local considerations that the authority thinks
relevant.

(2)     The highway authority may make the motor race order if satisfied
that—

(a)   adequate arrangements have been made to allow the views
of the local community to be taken into account,

(b)   the person proposing to promote the event has shown that
the event is commercially viable, and

(c)   effective arrangements have been made to involve local
residents, the police and other emergency services in the
planning and implementation of the event.

(3)     A motor race order must—

(a)   specify the event to which it relates, including the date or (in
the case of an event that is to take place on more than one
day) the dates on which it is to take place,

(b)   include a map of the area to be used for the event (showing,
in particular, the roads which participants will use, and
areas which will be available for occupation by spectators),
and

(c)   include any other information specified by the appropriate
national authority by regulations.

(4)     A motor race order may include conditions which must be satisfied
before, during or after the event.

(5)     A motor race order may, in particular, include conditions designed
to ensure that the arrangements mentioned in subsection (2)(c)
continue throughout the planning and implementation of the event.

(6)     In this section, “the appropriate national authority” means—

(a)   in relation to England, the Secretary of State;

(b)   in relation to Wales, the Welsh Ministers.

12E          Effect of motor race order

(1)     A motor race order made under section 12D has the effect described
in this section.

(2)     Section 12(1) does not apply to the promoter of the event if that
person—

(a)   promotes the event in accordance with any conditions
imposed on the promoter by the motor race order, and

(b)   takes reasonable steps to ensure that any other conditions
specified in the motor race order are met.

(3)     The provisions listed in the Table do not apply in relation to a
participant or an official or (as the case may be) in relation to a
vehicle used by a participant or an official provided that—

(a)   the participant has been approved by the motor sport
governing body that issued a permit in respect of the event
or (as the case may be) the official has been authorised by
the promoter,

(b)   the participant or official complies with any conditions
specified in the motor race order that apply to participants
or (as the case may be) officials, and

(c)   the participant or official also complies with any conditions
imposed on him or her by the promoter.

 
Provision

Topic
  Road Traffic Regulation Act
1984
 
Section 18(3)

Contravention of order
relating to one-way traffic on
trunk roads
 
Section 20(5)

Contravention of order
relating to use on roads of
vehicles of certain classes
 
Section 81(1), an order under
section 84(1), section 86(1),
an order under section 88(1)
and section 89(1)

Speed limits
 
Regulations under section 99

Removal of vehicles illegally
parked etc
 
Section 104(1)

Immobolisation of vehicles
illegally parked
  Road Traffic Act 1988
 
Section 1

Causing death by dangerous
driving
 
Section 1A

Causing serious injury by
dangerous driving
 
Section 2

Dangerous driving
 
Section 2B

Causing death by careless, or
inconsiderate, driving
 
Section 3

Careless, and inconsiderate,
driving
 
Section 3ZB

Causing death by driving:
unlicensed, disqualified or
uninsured drivers
 
Section 12(1)

Motor racing on public ways
 
Section 21(1)

Prohibition of driving or
parking on cycle tracks
 
Section 22

Leaving vehicles in
dangerous positions
 
Section 22A

Causing danger to road-
users
 
Section 36(1)

Drivers to comply with
traffic signs
 
The Highway Code, as it has
effect under section 38
 
Section 40A

Using vehicle in dangerous
condition etc
 
Regulations under section 41

Regulation of construction,
weight, equipment and use
of vehicles
 
Section 41A

Breach of requirement as to
brakes, steering-gear or tyres
 
Section 41C

Breach of requirement as to
speed assessment equipment
detection devices
 
Section 42

Breach of other construction
and use requirements
 
Section 47(1)

Obligatory test certificates
 
Section 87(1)

Drivers of motor vehicles to
have driving licences
 
Section 103(1)(b)

Driving while disqualified
 
Section 143(1) and (2)

Users of motor vehicles to be
insured or secured against
third-party risks
 
Sections 164 and 165

Powers of constables to
require production of
driving licence, obtain
information etc
 
Section 165A

Power to seize vehicles
driven without licence or
insurance
 
Section 170

Duty of driver to stop, report
accident and give
information or documents
  Vehicle Excise and
Registration Act 1994
 
Section 1(1)(b)

Circumstances in which
vehicle excise duty is
chargeable on unregistered
mechanically propelled
vehicles
 
Section 29(1)

Offence of using or keeping
an unlicensed vehicle

(4)     The appropriate national authority may by regulations amend this
section so as to—

(a)   add or omit an entry in the Table in subsection (3);

(b)   provide that subsection (3) applies in relation to a provision
for the time being included in the Table only for purposes
specified in the regulations;

(c)   provide that subsection (3) applies in relation to a provision
for the time being included in the Table only if a condition
specified in the regulations is included in the motor race
order.

(5)     However, regulations under subsection (4) may not add any
provision of sections 3A to 11 of this Act (motor vehicles: drink and
drugs) to the Table in subsection (3).

(6)     The promoter of an event in respect of which a motor race order has
been made is liable in damages if personal injury or damage to
property is caused by anything done—

(a)   by or on behalf of the promoter in connection with the event,
or

(b)   by or on behalf of a participant or an official,

unless it is proved that the promoter took reasonable steps to
prevent the injury or damage occurring.

(7)     For the purposes of the Law Reform (Contributory Negligence) Act
1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any
injury or damage for which a person is liable under subsection (6)
is to be treated as due to the fault of that person.

(8)     In this section—

“the appropriate national authority” means—

(a)   in relation to England, the Secretary of State;

(b)   in relation to Wales, the Welsh Ministers;

“official” means a person who facilitates the holding of a race
or trial of speed.

12F          Regulations by appropriate national authority: procedure

(1)     A power to make regulations conferred on the Secretary of State or
the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is
exercisable by statutory instrument.

(2)     A statutory instrument containing regulations made by the
Secretary of State under section 12E(4) (whether alone or with other
provision) may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of
Parliament.

(3)     A statutory instrument containing regulations made by the
Secretary of State under section 12B(6) or 12D(3)(c) (other than
regulations to which subsection (2) applies) is subject to annulment
in pursuance of a resolution of either House of Parliament.

(4)     A statutory instrument containing regulations made by the Welsh
Ministers under section 12E(4) (whether alone or with other
provision) may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, the National
Assembly for Wales.

(5)     A statutory instrument containing regulations made by the Welsh
Ministers under section 12B(6) or 12D(3)(c) (other than regulations
to which subsection (4) applies) is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.

12G          Authorisation of races and trials of speed in Scotland

(1)     The Scottish Ministers may by regulations authorise, or make
provision for authorising, the holding of races or trials of speed on
public roads in Scotland.

(2)     Regulations under this section may in particular—

(a)   specify the persons by whom authorisations may be given;

(b)   limit the circumstances in which, and the places in respect
of which, authorisations may be given;

(c)   provide for authorisations to be subject to conditions
imposed by or under the regulations;

(d)   provide for authorisations to cease to have effect in
circumstances specified in the regulations;

(e)   provide for the procedure to be followed, the particulars to
be given, and the amount (or the persons who are to
determine the amount) of any fees to be paid, in connection
with applications for authorisations.

(3)     Regulations under this section may make different provision for
different cases.

12H          Races and trials of speed in Scotland: further provision

(1)     Section 12(1) does not apply to the promoter of an event that has
been authorised by or under regulations under section 12G if that
person—

(a)   promotes the event in accordance with any conditions
imposed on the promoter by or under the regulations, and

(b)   takes reasonable steps to ensure that any other conditions
imposed by or under the regulations are met.

(2)     Section 12(1) does not apply to a participant in an event that has
been authorised by or under regulations under section 12G,
provided that the participant complies with any conditions
imposed on participants by or under the regulations.

(3)     Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event
that has been authorised by or under regulations under section 12G
or to any other person of a description specified in regulations
made by the Scottish Ministers, provided that the participant or
other person complies with any conditions imposed on participants
or on persons of that description by or under regulations under
section 12G.

(4)     The Scottish Ministers may by regulations make provision for
specified provisions of legislation of a kind mentioned in
subsection (5)—

(a)   not to apply in relation to participants in events authorised
by or under regulations under section 12G or (as
appropriate) in relation to vehicles used by such persons;

(b)   to apply in relation to such persons or vehicles subject to
modifications specified in the regulations;

(c)   not to apply in relation to persons of a description specified
in regulations under this subsection or (as appropriate) in
relation to vehicles used by such persons;

(d)   to apply in relation to such persons or vehicles subject to
modifications specified in the regulations.

(5)     The kinds of legislation are—

(a)   legislation restricting the speed of vehicles or otherwise
regulating the use of vehicles on a public road;

(b)   legislation regulating the construction, maintenance or
lighting of vehicles;

(c)   legislation requiring a policy of insurance or security to be
in force in relation to the use of any vehicle;

(d)   legislation relating to the duty chargeable on, or the
licensing and registration of, vehicles;

(e)   legislation requiring the driver of a vehicle to hold a licence
to drive it;

(f)   legislation relating to the enforcement of any legislation
mentioned in paragraphs (a) to (e).

(6)     However, regulations under subsection (4) may not disapply, or
otherwise alter the application of, sections 3A to 11 of this Act
(motor vehicles: drink and drugs).

(7)     The Scottish Ministers may by regulations amend section 16A of the
Road Traffic Regulation Act 1984 so as to enable orders under that
section that are made for the purposes of an event authorised by or
under regulations under section 12G to suspend statutory
provisions in addition to those specified in section 16A(11).

(8)     The promoter of an event that has been authorised by or under
regulations under section 12G is liable in damages if personal injury
or damage to property is caused by anything done—

(a)   by or on behalf of the promoter in connection with the event,

(b)   by or on behalf of a participant, or

(c)   by or on behalf of a person of a description specified in
regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to
prevent the injury or damage occurring.

(9)     For the purposes of the Law Reform (Contributory Negligence) Act
1945, any injury or damage for which a person is liable under
subsection (8) is to be treated as due to the fault of that person.

(10)     In this section, “legislation” means—

(a)   an Act or subordinate legislation (within the meaning of the
Interpretation Act 1978);

(b)   an Act of the Scottish Parliament or an instrument made
under an Act of the Scottish Parliament.

12I          Regulations under section 12G or 12H: procedure

(1)     Before making regulations under section 12H(3), (4), (7) or (8), the
Scottish Ministers must consult such persons as they consider
appropriate.

(2)     Regulations under section 12G are subject to the negative
procedure.

(3)     Regulations under section 12H(3), (4), (7) or (8) are subject to the
affirmative procedure.”

 

Insert the following new Clause—

“Motor racing: road closures

(1)     Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic
authority to impose by order restrictions or temporary prohibitions on the
use of roads in connection with certain events) is amended as follows.

(2)     In subsection (4), in paragraph (a), after “(motor racing on public ways)”
insert “unless a motor race order under section 12D of that Act is made in
relation to the race or trial or it is authorised by or under regulations under
section 12G of that Act”.

(3)     After subsection (11) insert—

“(12)    An order under this section that is made for the purposes of a race
or trial of speed in relation to which a motor race order under
section 12D of the Road Traffic Act 1988 has been made may also
suspend—

(a)   regulations under section 25(1);

(b)   section 28(1);

(c)   an order under section 29(1);

(d)   byelaws under section 31(1);

(e)   any provision made by or under Part 4.”

 

Insert the following new Clause—

“Motor racing: consequential amendments

(1)     The Road Traffic Act 1988 is amended in accordance with subsections (2) to
(5).

(2)     For the italic cross-heading before section 12 substitute “Motor racing on
public ways”.

(3)     Before section 13 insert the italic cross-heading “Other motor events”.

(4)     In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

“(3A)    Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”

(5)     In section 195 (provisions as to regulations), after subsection (5) insert—

“(6)     This section does not apply in relation to regulations under section
12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section
12F) or regulations under section 12G or 12H(3), (4), (7) or (8)
(provision as to which is made by section 12I).”

(6)     The Secretary of State may by regulations made by statutory instrument
repeal any local Act passed before this Act which makes provision for
authorising races or trials of speed between motor vehicles on highways in
England and Wales (and, for this purpose, “highway” has the same
meaning as in the Road Traffic Act 1988).

(7)     Regulations under subsection (6) may include transitional, transitory or
saving provision.

(8)     Before making regulations under subsection (6), the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(9)     A statutory instrument containing regulations under subsection (6) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(10)     The Scottish Ministers may by regulations repeal any local Act passed
before this Act which makes provision for authorising races or trials of
speed between motor vehicles on public roads in Scotland (and, for this
purpose, “public road” has the same meaning as in the Road Traffic Act
1988).

(11)     Regulations under subsection (10) may include transitional, transitory or
saving provision.

(12)     Before making regulations under subsection (10), the Scottish Ministers
must consult such persons as they consider appropriate.

(13)     Regulations under subsection (10) are subject to the negative procedure.”

Clause 89

LORD WALLACE OF SALTAIRE

 

Page 61, line 13, after “(2)” insert “and (Motor racing: consequential amendments)(6)
to (9)
)”

 

Page 61, line 14, at end insert—

“( )     Section (Motor racing: consequential amendments)(10) to (13)) extends only to
Scotland.”

Prepared 1st August 2014