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 fine 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 may 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 may 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.'. |
|
