Vote Bundle Text (900504-13)

Amendments proposed to the Transport Bill, As Amended - continued	House of Commons

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Licensing schemes: restrictions on making and on confirmation

Mr Bernard Jenkin
Mr Peter Atkinson

NC31

*To move the following Clause:—

'(1) A licensing scheme shall only be made if at least 75 per cent. of the members of the relevant licensing authority or authorities have voted in favour of the resolution or resolutions to make such a scheme.

(2) A licensing scheme referred to in subsection (1) above shall only remain in force subject to annual confirmation by the relevant licensing authority or authorities.

(3) Any approval by the Secretary of State under section 161 shall be subject to affirmative resolution of both Houses of Parliament.'.

School crossing patrols

Mr Michael Foster

NC32

*To move the following Clause:—

'.—(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) In sections 26 (arrangements for patrolling school crossings) and 28 (stopping of vehicles at school crossings) for the word "children", in each place where it occurs, substitute the word "pedestrians".'.

Goods vehicles on weight-restricted routes

Mr Don Foster
Mr Michael Moore

NC33

*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 he is using the route lawfully.'.

School Crossings

Mr Don Foster
Mr Michael Moore

NC34

*To move the following Clause—

'In Section 26 of the Road Traffic Regulation Act 1984—

(a) in subsection (1) the words ", during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way," are omitted; and

(b) after subsection (1) insert—

"(1A) Nothing in this section shall prevent an appointed person escorting across a road children, of any age, who are not attending that school or any adults who wish to use the facility.".'.

Mr Bernard Jenkin
Mr Peter Atkinson

405

*Page 82, line 27 [Clause 141], leave out 'or keeping'.

Mr Bernard Jenkin
Mr Peter Atkinson

406

*Page 84, line 37 [Clause 147], at end insert—

'( ) Charges shall not apply on any day on which any part of the local underground, metro, bus or rail networks are disrupted or closed by industrial action.',

Mr Don Foster
Mr Michael Moore

145

Page 85 [Clause 148], leave out lines 30 to 34 and insert 'may direct the relevant charging authority or authorities to re-examine specified particulars of a charging scheme under this Part, or the variation or revocation of such a scheme.'.

Mr Secretary Prescott

214

Page 85, line 45 [Clause 148], leave out 'to (5)' and insert 'and (3)'.

Mr Secretary Prescott

215

Page 85, line 46 [Clause 148], leave out 'and costs'.

Mr Secretary Prescott

216

Page 85, line 47 [Clause 148], at end insert—

'(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—

(a) in the case of a trunk road charging scheme made by virtue of section 145(2)(b), by the local traffic authority which requested the making of the scheme (or Transport for London, if it did), and

(b) in any other case, by the charging authority or authorities;

and the parties at the inquiry shall bear their own costs.'.

Mr Secretary Prescott

217

Page 87, line 1 [Clause 150], after '(1)' insert 'and to section 147(1) and (3)'.

Mr Secretary Prescott

224

To move that Clause 152 be divided into two Clauses, the first consisting of subsections (1) to (2D) (Examination, entry, search and seizure) and the second of subsections (3) to (4) (Immobilisation etc.)

Mr Secretary Prescott

218

Page 88, line 16 [Clause 152], after 'the' insert 'motor'.

Mr Secretary Prescott

219

Page 88, line 21 [Clause 152], leave out subsection (2) and insert—

'(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—

(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.

(2A) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).

(2B) A person guilty of an offence under subsection (2A) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(2C) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 151(5) or (6).

(2D) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.'.'.

Mr Secretary Prescott

220

Page 88, line 29 [Clause 152], at end insert—

'(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,'.

Mr Secretary Prescott

221

Page 88, line 33 [Clause 152], at end insert 'and

( ) the sale or destruction of motor vehicles not released.

(3A) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3B) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3C) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (3).

(3D) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3E) A person guilty of an offence under subsection (3B) or (3C) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

Mr Secretary Prescott

222

Page 88, line 34 [Clause 152], leave out 'and in this subsection' and insert

'( ) In this section'.

Mr Secretary Prescott

223

Page 88 [Clause 152], leave out line 37.

Mr Secretary Prescott

225

Page 89, line 31 [Clause 154], leave out 'the Road Traffic Regulation Act 1984' and insert 'section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act'.

Mr Bernard Jenkin
Mr Peter Atkinson

407

*Page 92, line 40 [Clause 160], at end insert—

'( ) Charges shall not apply on any day on which any part of the local underground, metro, bus or rail networks are disrupted or closed by industrial action.

( ) In this section "disrupted" means that fewer than 75 per cent. of services are operating within the accepted margins for variation from their specified timetables.'.

Mr Don Foster
Mr Michael Moore

144

Page 93 [Clause 162], leave out lines 38 to 41 and insert 'may direct the relevant licensing authority or authorities to re-examine specified particulars of a licensing scheme under this Part, or the variation or revocation of such a scheme.'.

Mr Secretary Prescott

226

Page 94, line 5 [Clause 162], leave out 'to (5)' and insert 'and (3)'.

Mr Secretary Prescott

227

Page 94, line 6 [Clause 162], leave out 'and costs'.

Mr Secretary Prescott

228

Page 94, line 7 [Clause 162], at end insert—

'(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme—

(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and

(b) the parties at the inquiry shall bear their own costs.'.