Amendments proposed to the Railways and Transport Safety Bill - continued House of Commons

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Mr Don Foster
Tom Brake

68

*Clause     92,     page     39,     line     26,     at end insert 'or

      (c) to have his licence medically suspended and ordered to undertake a course of treatment and rehabilitation.'.


   

Mr Don Foster
Tom Brake

69

*Clause     95,     page     41,     line     35,     at beginning insert, 'A plain clothes constable, a designated appointee of a testing unit or'.

   

Mr Don Foster
Tom Brake

70

*Clause     95,     page     42,     line     1,     at beginning insert, 'A plain clothes constable, a designated appointee of a testing unit, or'.

   

Mr Don Foster
Mr Tom Brake
Mr John Barrett

13

Clause     95,     page     42,     line     7,     at end add—

      '(c) in doing so must not endanger the safety of the aircraft and those persons on board.'.


   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

52

Schedule     6,     page     65,     leave out lines 12 to 17.


   

Mr John Spellar

42

Clause     108,     page     47,     leave out from line 41 to end of line 2 on page 48.

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

60

Clause     108,     page     48,     line     3,     at end insert—

    '(4A)   Offences under section [Aviation Offences] shall have effect in relation to the offences committed or alleged to have been committed after the end of the period of two months beginning with the date on which this Act is passed.'.


   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

28

Clause     110,     page     48,     line     27,     leave out 'and' and insert 'Road, Aviation and Maritime,'.


REMAINING NEW CLAUSES

Prescribed limit

   

Mr Don Foster
Tom Brake
Mr John Barrett

NC1

To move the following Clause:—

    '(1)   The prescribed limit of alcohol for a driver of a motor vehicle on the road or other public place is—

      (a) in the case of breath, 22 microgrammes of alcohol in 100 millilitres,

      (b) in the case of blood, 50 milligrammes of alcohol in 100 millilitres, and

      (c) in the case of urine, 100 milligrammes of alcohol in 100 millilitres.'.


Requirement for adults to wear adult seat belts

   

Mr Don Foster
Tom Brake
John Barrett

NC2

To move the following Clause:—

    '(1)   A person driving or riding in the front or rear seat of—

      (a) a vehicle constructed or adapted for the delivery of goods or mail to consumer addressees, as the case may be, while engaged in making local rounds or deliveries or collections;

      (b) a vehicle while it is taking part in a procession organised by or on behalf of the Crown

       shall wear an adult seat belt.'.


Schedules 1 and 4: sequestration, &c. in Scotland

   

Mr John Spellar

NC3

To move the following Clause:—

    'Where a person becomes, under paragraph 2(cc) of Schedule 1, liable to dismissal or, under paragraph 7(3A) of Schedule 4, ineligible for appointment —

      (a) by reason that his estate has been sequestrated, he shall cease to be so liable or ineligible—

      (i) in the case of the sequestration of his estate being recalled or reduced, on the date of that event; and

      (ii) in any other case, on his obtaining a discharge;

      (b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, he shall cease to be so liable or ineligible—

      (i) in the case of his paying his debts in full, on the date on which the payment is completed; and

      (ii) in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.'.


Aviation offences

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC4

To move the following Clause:—

    '(1)   The following shall be inserted after paragraph 11 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c.60) (arrestable offences)—

          "11A   An offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

          (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

          (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (2)   The following shall be inserted at the end of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (arrestable offences)—

      "(1) an offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (3)   The following shall be inserted after section 82(3) of the Anti-terrorism, Crime and Security Act 2001 (c.24) (aviation security: arrest in Scotland without warrant)—

      "(3A) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed an offence of contravening a provision of an Order in Council made under section 60 of the Civil Aviation Act 1982 (Air Navigation Orders) and the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, the constable may arrest that person without warrant."

    (4)   The following shall be inserted after section 61(2) of the Civil Aviation Act 1982 (c.16) (air navigation order: offence: maximum penalty)—

    "(2A)   Subsection (2)(c) above shall have effect with the substitution of 'five years' for 'two years' in the case of a provision about endangering an aircraft or a person in an aircraft.".'.


Rail Accident Investigation Branch

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC6

To move the following Clause:—

      '(1) The Rail Accident Investigation Branch may enter into an agreement under this section (to be known as a rail accident service agreement) with any person who provides for the Branch to investigate any incident under the provisions of this Part.

      (2) The Branch may not enter into a rail accident service agreement unless a draft is approved in writing by the Secretary of State after consultation with both Houses of Parliament.'.


The Road Accident Investigation Branch: Establishment

   

Mr Don Foster
Tom Brake

NC7

To move the following Clause:—

    '(1)   The Secretary of State shall appoint persons as inspectors of road accidents.

    (2)   The Secretary of State shall appoint one of the inspectors as the Chief Inspector of Road Accidents.

    (3)   The inspectors appointed under this section may be referred to as the Road Accident Investigation Branch (being a branch of the department of the Secretary of State who appoints them).

    (4)   An inspector of road accidents shall carry out such of the functions of the Road Accident Investigation Branch as may be assigned to him by the Chief Inspector of Road Accidents.'.


The Road Accident Investigation Branch: General aims

   

Mr Don Foster
Tom Brake

NC8

To move the following Clause:—

       'In exercising their functions the Road Accident Investigation Branch shall have regard to the desirability of—

      (a) improving the safety of users of roads, and

      (b) preventing road accidents and road incidents.'.


The Road Accident Investigation Branch: Assistance to others

   

Mr Don Foster
Tom Brake

NC9

To move the following Clause:—

       'The Chief Inspector of Road Accidents may arrange, with the written consent of the Secretary of State, for the Road Accident Investigation Branch to assist any person; in particular, assistance—

      (a) may be provided with or without charge;

      (b) may be provided inside or outside the United Kingdom.'.


The Road Accident Investigation Branch: Investigations

   

Mr Don Foster
Tom Brake

NC10

To move the following Clause:—

    '(1)   The Road Accident Investigation Branch shall investigate any road accident in which there is a fatality

    (2)   In investigating an accident or incident the Branch shall try to determine what caused it.

    (3)   On completion of an investigation the Branch shall report to the Secretary of State.

    (4)   In performing a function in relation to an accident or incident the Branch—

      (a) shall not consider or determine blame or liability, but

      (b) may determine and report on a cause of an accident or incident whether or not blame or liability is likely to be inferred from the determination or report.

    (5)   The Branch may conduct an investigation and report whether or not civil or criminal proceedings are in progress or may be instituted (but this subsection is without prejudice to the operation of the law of contempt of court).

    (6)   The Chief Inspector of Road Accidents may apply to the High Court or the Crown Court for a declaration that the making of a report in connection with a specified accident or incident will not amount to a contempt of court in relation to civil or criminal proceedings which have been or may be instituted in connection with the accident or incident.

    (7)   The Chief Inspector of Road Accidents may reopen an investigation if he believes that significant new evidence may be available.'.



 
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Prepared 11 Feb 2003