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 CLAUSESIncrease 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
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
\Bus operating centres
Mr Don Foster 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 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 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 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 NC20 To move the following Clause:'.For section 26(1)(f) of the Goods Vehicles (Licensing of Operators) Act 1995 substitute
Wheel clamping
Mr Don Foster 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
(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
(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 LICENCEThe Schedule to be inserted after Schedule 1 to the Goods Vehicles (Licensing of Operators) Act 1995 is as follows
"SCHEDULE 1ADetention of vehicles used without operator's licenceInterpretation 1.(1) In this Schedule
(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
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
(2) Regulations may also provide
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
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
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
(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
10.(1) Regulations shall make provision
(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
11.(1) Regulations shall provide for an appeal to the Transport Tribunal against the determination of the traffic commissioner. (2) Regulations
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
(2) Regulations may also make provision as to
(3) The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless
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)
(2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if
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
(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
he is guilty of an offence. (2) Regulations may provide that a person guilty of such an offence is liable
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