Vote Bundle Text (900404-02)

Amendments proposed to the Transport Bill - continued	House of Commons

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Mr Nick Raynsford

1014

Clause 230, page 130, line 31, leave out 'extends' and insert 'and sections (Increase of fine for breach of obligation to hold operator's licence), (Detention of vehicle used without operator's licence) and (Addition of specified vehicles to operator's licence) and Schedule (Detention of vehicles used without operator's licence) extend'.

Mr Nick Raynsford

1031

*Clause 230, page 130, line 35, at end insert—

'(4) Section (Standards) extends to England and Wales, Scotland and Northern Ireland.'.

OTHER NEW CLAUSES

Increase of fine for breach of obligation to hold operator's licence

Mr Nick Raynsford

NC34

To move the following Clause:—

' .—(1) In section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator's licence: penalty for offence), for "level 4" substitute "level 5".

(2) Subsection (1) does not apply to any offence committed before this section comes into force.'.

Detention of vehicle used without operator's licence

Mr Nick Raynsford

NC35

To move the following Clause:—

' .—(1) In the Goods Vehicles (Licensing of Operators) Act 1995, after section 2 insert—

"Detention of vehicle used without operator's licence. 2A. Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect."

(2) After Schedule 1 to that Act insert, as Schedule 1A, the Schedule set out in Schedule (Detention of vehicles used without operator's licence) to this Act.'.

Addition of specified vehicles to operator's licence

Mr Nick Raynsford

NC36

To move the following Clause:—

' . In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator's licence), for subsection (6) substitute—

(a) has given to the traffic commissioner by whom the licence was issued a notice in such form and containing such information about the vehicle as the commissioner may require, and

(b) has paid to him a prescribed fee."'.

\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
Mr Phil Willis

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 SCHEDULES

Mr Nick Raynsford

NS2

To move the following Schedule:—

'DETENTION OF VEHICLES USED WITHOUT OPERATOR'S LICENCE

The Schedule to be inserted after Schedule 1 to the Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

"SCHEDULE 1A

Detention of vehicles used without operator's licence

Interpretation

1.—(1) In this Schedule—

"authorised person" means—

(a) an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or

(b) a person acting under the direction of such an examiner;

"contents", in relation to a goods vehicle, means any goods carried by that vehicle;

"immobilisation device" means any device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984.

(2) Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of "owner" as regards a goods vehicle.

(3) Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a motor vehicle at a particular time shall be taken to be—

(a) any person in whose name it is then registered by virtue of the Vehicle Excise and Registration Act 1994, or

(b) any person in whose operator's licence it is then specified.

Detention of property

2.—(1) Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 2, he may detain the vehicle and its contents.

(2) Regulations made by virtue of sub-paragraph (1) may not authorise a person other than a constable in uniform to stop a vehicle on any road.

3. Regulations may make provision with respect to property detained by virtue of paragraph 2.

Immobilisation and removal

4.—(1) Regulations may provide that an authorised person may, before a goods vehicle is removed by virtue of paragraph 6—

(a) fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

(b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(2) Regulations may also provide—

(a) that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device shall also fix to the vehicle a notice indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion and giving such other information as may be prescribed,

(b) that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person, and

(c) that an immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.

5.—(1) Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6.—(1) Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction.

(2) Regulations may provide that a person may be specified in a direction only if—

(a) he is a person identified in accordance with prescribed rules, and

(b) he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements;

and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.

(3) Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

7.—(1) Regulations may make provision for informing persons who may be entitled to the property that it has been detained.

(2) Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—

(a) the publication by an authorised person of such notices as may be prescribed, and

(b) the giving of notice by an authorised person to such persons as may be prescribed.

Return or disposal of vehicle

8. Regulations may make provision for a goods vehicle detained by virtue of paragraph 2 to be returned to the owner.

9.—(1) Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.

(2) Regulations may, in particular—

(a) require notice of an application to be given to the traffic commissioner within such period as may be determined in accordance with the regulations, and

(b) require notice of an application to be made in such form as may be prescribed.

(3) Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.

(4) Those grounds may include the following grounds—

(a) that at the time the vehicle was detained the person using the vehicle held an operator's licence (whether or not authorising the use of the vehicle),

(b) that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2, or

(c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.

10.—(1) Regulations shall make provision—

(a) enabling the traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,

(b) requiring him to hold a hearing if requested by a person who claims to be the owner,

(d) subject to such provision as may be made by the regulations, for the hearing to be held in public.

(2) Regulations shall also provide that, if no hearing is held, the traffic commissioner must determine the application within a prescribed time after receiving notice of the application.

(3) Regulations shall provide that—

(a) if the traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;

(b) if the traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.

11.—(1) Regulations shall provide for an appeal to the Transport Tribunal against the determination of the traffic commissioner.

(2) Regulations—

(a) may prescribe the period within which an appeal must be made, and

(b) may make provision for notice of the appeal to be given to the Transport Tribunal, the traffic commissioner and such other persons as may be prescribed.

12. Regulations may provide that, if no application is made to the traffic commissioner in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.

Return or disposal of contents of vehicle

13.—(1) Regulations may provide that the person specified in a direction by virtue of paragraph 6(1) may retain custody of the contents of a goods vehicle until—

(a) the contents are returned, in accordance with the regulations, to a person who establishes that he is entitled to them, or

(b) the contents are sold or destroyed by the person specified in such manner as may be prescribed.

(2) Regulations may also make provision as to—

(a) the period within which a person who claims to be entitled to the contents may make a claim for their return,

(b) the requirements to be satisfied by a person who claims to be entitled to the contents (including requirements as to his entitlement), and

(3) The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless—

(a) such steps as may be required by regulations made by virtue of paragraph 7(1) have been taken and no person has, before the expiry of the period referred to in sub-paragraph (2)(a), established an entitlement to the contents, or

(b) the condition of the contents requires them to be disposed of without delay.

Custody of property

14. Regulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 6(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.

Proceeds of sale

15.—(1) Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b)—

(a) to be applied towards meeting expenses incurred by any authorised person in exercising his functions by virtue of this Schedule, and

(b) in so far as they are not so applied, to be applied in such other manner as may be prescribed.

(2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—

(a) he claims after the sale of property under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b) to be or to have been its owner,

(b) the claim is made within a prescribed time of the sale, and

Disputes

16.—(1) Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 13 or 15.

(2) Provision made by virtue of sub-paragraph (1) may in particular provide—

(a) for an application to be made to a magistrates' court or (in the case of an application made in Scotland) the sheriff;

(b) for a court or the sheriff to order a sum to be paid by the Secretary of State.

(3) Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) shall be made by way of summary application.

Obstruction of authorised person

17. Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of his powers under regulations made by virtue of paragraph 2 or 6 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences as to securing possession of property

18.—(1) Regulations may provide that where—

(a) a person makes a declaration with a view to securing the return of a goods vehicle under regulations made by virtue of paragraph 10,

(b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 2, and

he is guilty of an offence.

(2) Regulations may provide that a person guilty of such an offence is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

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