Road Traffic Bill
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A
B I L L
TO
Make further provision about the enforcement of requirements relating to drivers' hours and about the licensing of the operators of goods vehicles; to make provision with respect to the exemption of essential users of commercial motor vehicles and operators of certain community bus services from payment of excise duty on fuel; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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Enforcement of requirements relating to drivers' hours |
| Power to prohibit driving of vehicle. |
1. After section 99 of the Transport Act 1968 there is inserted-
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| "Power to prohibit driving of vehicle. |
99A. - (1) If-
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(a) the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of that section, |
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(b) it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of- |
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(i) sections 96 to 98 of this Act and any orders or regulations under those sections, or
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(ii) the applicable Community rules,
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or that there will be such a contravention if the vehicle is driven on a road, or |
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(c) it appears to an authorised person that an offence under section 99(5) of this Act has been committed in respect of a UK vehicle or its driver, |
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the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.
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(2) Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.
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(3) On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.
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(4) Any direction under subsection (2) of this section may be given-
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(a) in the notice under subsection (3) of this section, or |
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(b) in a separate notice in writing given to the driver of the vehicle. |
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(5) In this section-
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"authorised person" means- |
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(a) an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
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(b) a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;
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"UK vehicle" means a vehicle registered under the Vehicle Excise and Registration Act 1994. |
| Duration and removal of prohibition. |
99B. - (1) Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force-
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(a) until it is removed under subsection (3) of this section, or |
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(b) in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs. |
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(2) Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.
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(3) A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.
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(4) In this section, "authorised person" has the same meaning as in section 99A of this Act.
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| Failure to comply with prohibition. |
99C. Any person who-
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(a) drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act, |
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(b) causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or |
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(c) refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act, |
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shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.".
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Licensing of operators of goods vehicles |
| Increase of fine for breach of obligation to hold operator's licence. |
2. - (1) In section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator's licence), in subsection (5) (penalty for offence of using a vehicle in contravention of that section) for "level 4" there is substituted "level 5".
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(2) Subsection (1) does not apply to any offence committed before this section comes into force.
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| Detention of vehicle used without operator's licence. |
3. - (1) After section 2 of the Goods Vehicles (Licensing of Operators) Act 1995, there is inserted-
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| "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.".
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(2) After Schedule 1 to that Act there is inserted, as Schedule 1A, the Schedule set out in Schedule 1 to this Act.
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| Addition of specified vehicles to operator's licence. |
4. In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator's licence), for subsection (6) there is substituted-
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"(6) A motor vehicle which is not specified in an operator's licence is not authorised to be used under that licence by virtue of subsection (1) unless the licence-holder-
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(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 |
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(b) has paid to him a prescribed fee.". |
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Exemptions from payment of fuel duty |
| Delivery of oil without payment of duty. |
5. - (1) The Hydrocarbon Oil Duties Act 1979 is amended as follows.
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(2) After section 9 (oil delivered for home use for certain industrial purposes) there is inserted-
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| "Oil delivered for use as fuel in certain vehicles. |
9A. - (1) The Commissioners may permit hydrocarbon oil to be delivered to an approved person, without payment of excise duty on the oil, where-
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(a) it is to be put by him to a use qualifying for relief under this section; or |
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(b) it is to be supplied by him in the course of a trade of supplying oil for any such use. |
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(2) The uses of hydrocarbon oil qualifying for relief under this section are-
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(a) as fuel in a commercial vehicle being used for a purpose specified as essential in regulations to be made for the purposes of this subsection; |
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(b) as fuel in any vehicle operating a public passenger transport service under a permit granted under section 19 of the Transport Act 1985 (permits in relation to use of buses by educational and other bodies). |
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(3) In this section-
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"approved person" means a person for the time being approved in accordance with regulations made for any of the purposes of subsection (1) above under section 24(1) below; and |
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"public passenger transport service" has the meaning given in section 63 of the Transport Act 1985 (functions of local councils with respect to passenger transport in areas other than passenger transport areas).". |
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(3) Schedule 2 (which makes minor and consequential amendments to the Act) has effect.
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Supplemental |
| Short title, commencement and extent. |
6. - (1) This Act may be cited as the Road Traffic Act 2000.
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(2) The following provisions shall come into force on the day on which this Act is passed-
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(b) so much of any other provision of this Act as confers any power to make regulations. |
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(3) Except as provided by subsection (2), the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
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(3) Section 1 of this Act does not extend to Scotland.
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(4) Sections 1 to 4 of this Act do not extend to Northern Ireland.
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