Vote Bundle Text (900309-06)

Amendments proposed to the Transport Bill - continued	House of Commons

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Driver recruitment and training strategy

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

NC18

To move the following Clause:—

'.—The Secretary of State shall make a report three weeks after this Act comes into force setting out a strategy for the recruitment and training of public service vehicle drivers.'.

Establishment of Goods Vehicle Operating Centres

Mr Don Foster
Mr Michael Moore

NC19

To move the following Clause:—

'.—In permitting goods vehicle operators to establish an operating centre under the Goods Vehicles (Licensing of Operators) Act 1995, the Traffic Commissioner must be satisfied that the centre is available, suitable, and of sufficient capacity, and must take into account the suitability of the local public road network for the establishment of such a centre.'.

Undertaking in regard to operator's licence

Mr Don Foster
Mr Michael Moore

NC20

To move the following Clause:—

'.—For section 26(1)(f) of the Goods Vehicles (Licensing of Operators) Act 1995 substitute—

"(f) that any undertaking recorded in the licence whether given (or procured to be given) for any purpose in regard to an operator's licence has not been fulfilled".'.

Wheel clamping

Mr Don Foster
Mr Michael Moore

NC25

To move the following Clause:—

'.—(1) Subject to the provisions of this section, any person who causes or permits the use of immobilisation devices or other means to prevent a motor vehicle being driven or otherwise put into motion, where the vehicle has been permitted to remain at rest on any land without the consent of the occupier shall be guilty of an offence and is liable on summary conviction to a find not exceeding the statutory maximum.

(2) It shall be a defence under subsection (1) if the detention of any motor vehicle occurs through the reasonable use of measures for the security of the land or other property on it, or is licensed under regulations made under subsection (3).

(3) The Secretary of State shall make regulations requiring local authorities to issue licences for the use of immobilisation devices in certain circumstances and these regulations shall include—

(a) the criteria by which local authorities shall grant a licence;

(b) the fees which can be charged for such a licence;

(c) the circumstances under which an immobilisation device can be used, signage to indicate the use of immobilisation devices, the maximum amount which has to be paid for the release of that vehicle from that device, alternative methods of payment for the release of a motor vehicle, those classes of vehicles which cannot be immobilised;

(d) defining the types of immobilisation devices which can be used;

(e) provision for uncollected vehicles;

(f) imposing absolute liability for the safe keeping of the vehicle whilst immobilised;

(g) how disputes shall be dealt with.

(4) Nothing in this section shall prevent any party pursuing a civil action, but the provisions of this section and any regulations made under it, may be relied upon by any party to any such proceedings as tending to establish or negative any liability which is in question in those proceedings.

(5) Nothing in this section shall affect the authorisation of or the use of immobilisation devices under the Road Traffic Regulation Act 1984.'.

Air quality management

Mr Don Foster

Mr Michael Moore

NC29

To move the following Clause:—

'—(1) The Secretary of State may make regulations to allow any local authority, where it is declared an air quality management area in accordance with section 83(1) of the Environment Act 1995—

(a) to establish by order a low emission zone, restricting access to an area defined by such an order within that local authority's boundary, to classes of vehicle defined by vehicle type, or by specified emissions standard;

(b) to use revenue from congestion charging, work-place parking levy, or other sources to fund pollution enforcement activities within any low emission zone;

(c) to permit a special constable or traffic warden, at the request of a certified competent local authority officer, to stop vehicles for emissions testing under the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997;

(d) to test any vehicle's emissions for compliance with the Road Vehicles (Construction and Use) Regulations 1986 and to issue a notice, requiring proof of rectification of the vehicle which fails that test, within 28 days;

(e) to issue a fixed penalty notice, or prohibit the use of any vehicles which contravene low emission zone entry requirements.

(2) Any local authority using powers granted to it under regulations made under this section shall have regard to any guidance issued by the Secretary of State.'.

NEW SCHEDULE

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

NS1

To move the following Schedule:—

'Specified Services

"Aeronautical Messaging Service"	The making available of a network for the conveyance of electronic data messages:
	(a) between members of a closed user group of providers of air traffic services and users, where such messages contain information relating to the intended path of flights within the licensed areas; and
	(b) between other equivalent messaging neworks provided for a similar purpose pursuant to international arrangements.
"Air Traffic Operational Telephone Network Service"	The making available of a fixed line dedicated voice telephony network to facilitate communication between providers of air traffic services in the United Kingdom consisting of a direct link to certain core facilities and the making available of nodes to which other facilities may connect.
"Emergency Frequency Service"	The making available of a dedicated emergency radio telephony frequency (121.5 MHz) for the purpose of an air to ground to air communication service.
"Navigational Infrastructure"	The making available of navigational infrastructure other than that provided in delivering core services as specified in [document to be determined].
"North Sea Helicopter Advisory Service"	The provision of an advisory service to helicopters in connection with flights to, from and between oil and gas installations situated in the North Sea [co-ordinates excluding East Shetland Basin to be inserted] (whether within or outside the United Kingdom) and associated mainland facilities.
"Reimbursement service for Lower Airspace Radar Service ('LARS')"	The processing of the costs of LARS as agreed and approved by the CAA and reimbursement of those costs from equivalent sums received by the Licensee.
"Reimbursement service for proportion of United Kingdom Meteorological Office costs"	The reimbursement to The United Kingdom Meteorological Office of the proportion of its costs charged to users, from equivalent sums received by the Licensee.
"Surveillance Infrastructure"	The making available of surveillance infrastructure other than that provided in delivering core services as specified in [document].
"UK Aeronautical Information Service"	The preparation and dissemination to civilian aviation of aeronautical information publications, notices to airmen, aeronautical information circulars and other relevant information with a view to facilitating the flow of information necessary for the safety, regularity and efficiency of air navigation.
"UK Flight Information Service"	The making available to flight crew by radio telephony on request information which the persons providing the service consider appropriate and that:
	(a) was acquired from other flight crew in the course of providing the same service to such other flight crew; or
	(b) can reasonably be obtained in response to a specific request; or
	(c) the persons providing the service otherwise consider significant.
"UK Meteorological Information Service"	The making available as required by, for and on behalf of the United Kingdom Meteorological Authority, of meteorological information supplied to the Licensee by a third party to:
	(a) civil aviation users;
	(b) to air traffic service providers for their own use or for onward dissemination to civil aviation users (including the Licensee); and
	(c) to persons authorised by the United Kingdom Meteorological Authority.'.

Mr Nick Raynsford

704

Schedule 26, page 246, line 19, at end insert—

'1983 c. 10.


Transport Act 1983.


In section 2—
in subsection (3), the words "in a plan prepared by them under section 3 below" and the words "under section 4 below", and
in subsection (4), the words between "functions" and "shall".


Sections 3 to 5.


Section 6(1), (2), (5) and (6).


In section 10—
in subsection (1), paragraphs (b) and (c) and, in the words following those paragraphs, the words "to (c)", and
subsection (3).


1985 c. 51.


Local Government Act 1985.


In Schedule 12, in paragraph 5, sub-paragraphs (3) and (4) and, in sub-paragraph (5), the words from "except that" to the end.'.