Vote Bundle Text (900314-05)

Amendments proposed to the Transport Bill - continued	House of Commons

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Mr Don Foster
Mr Michael Moore

802

*Clause 182, page 101, line 3, at end add—

'(6) In exercising its functions under subsections (1) and (2) the Authority shall have regard to the local transport local plans prepared by local authorities in accordance with section 92.'.

Mr Don Foster
Mr Michael Moore

718

Clause 182, page 101, line 3, at end add—

'(6) In exercising its functions under subsections (1) and (2) the Authority shall have regard to the local transport plans prepared by local authorities in accordance with section 92.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

Clause 186, page 102, line 2, leave out subsection (2).

Mr Don Foster
Mr Michael Moore

803

*Clause 189, page 106, line 30, after second 'vehicles', insert 'who must provide the same level of service as that which the service provider had previously offered in particular by the carriage of guide dogs at no extra cost,'.

Mr Don Foster
Mr Michael Moore

804

*Clause 193, page 108, leave out line 34 and insert—

'(4) Provided that before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related uses such land might offer, and protect the land accordingly.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

Page 110, line 4, leave out Clause 198.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

572

Clause 199, page 112, line 29, after 'development;"', insert—

'(bc) to contribute to the integration of the railway system with walking, cycling and bus travel,'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

Clause 199, page 113, line 6, leave out subsection (6).

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

Clause 199, page 113, line 12, leave out subsection (7).

Mr Nick Raynsford

700

Clause 226, page 129, line 24, leave out 'Part II (and the repeals relating to that Part)' and insert 'Parts II and III (and the repeals relating to Part II)'.

Mr Nick Raynsford

437

Clause 226, page 129, line 25, leave out subsection (3).

Mr Nick Raynsford

438

Clause 226, page 129, line 27, leave out subsection (4).

Mr Nick Raynsford

701

Clause 227, page 129, line 36, at end insert—

'(2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).'.

Mr Nick Raynsford

702

Clause 228, page 130, line 5, at end insert—

'( ) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III and any instruments made under them.'.

Mr Nick Raynsford

703

Clause 228, page 130, line 6, after '(1)' insert 'by the Secretary of State'.

Mr Nick Raynsford

593

Clause 230, page 130, line 30, after 'III' insert ', and the repeals relating to those Parts,'.

OTHER NEW CLAUSES

Bus operating centres

Mr Don Foster
Mr Michael Moore

NC9

To move the following Clause:—

'.—In permitting bus operators to establish an operating centre under section 14 of the Public Passenger Vehicles Act 1981, 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.'.

Goods Vehicles

Mr Don Foster
Mr Michael Moore

NC15

To move the following Clause:—

'It shall be incumbent on the driver of a goods vehicle using a weight restricted route to provide evidence on demand to any police officer or member of the Vehicle Inspectorate or Trading Standards Office that such a driver is using the route lawfully.'.

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.'.