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The Road Accident Investigation Branch: Regulations
Mr Don Foster
Tom Brake
NC12
To move the following Clause:—
'(1) The Secretary of State may make regulations about the conduct of investigations by the Road Accident Investigation Branch; in particular, the regulations may—
| (a) | confer a function on the Chief Inspector of Road Accidents or on the Branch; |
| (b) | make provision about the way in which a function of the Chief Inspector or the Branch is to be performed; |
| (c) | permit or require the Chief Inspector to appoint a person to conduct or participate in an investigation; |
| (d) | provide for a power of an inspector to be exercisable by a person conducting or participating in an investigation by virtue of paragraph (c); |
| (e) | permit or require the Chief Inspector to request assistance from another person; |
| (f) | permit or require another person to assist the Chief Inspector. |
(2) The regulations may make provision about the preparation, form, content and publication of a report made by the Branch under section [The Road Accident Investigation Branch: Investigator's Powers]; in particular, the regulations may—
| (a) | require a report to address the question of what caused an accident or incident; |
| (b) | require or permit a report to make, or not to make, a recommendation; |
| (c) | require or permit the preparation and publication by the Branch of an interim report; |
| (d) | require the Branch to give an opportunity to a person interested in an investigation to comment on a draft report or draft interim report; |
| (e) | require the Branch to notify a person of the content of a report or interim report before publication; |
| (f) | require the Branch to give a copy of a report or interim report to a person; |
| (g) | make provision about the timing of publication. |
(3) A reference to a report by the Branch in section 4 includes a reference to an interim report permitted or required by virtue of subsection (2) above.
(4) The Secretary of State may make regulations about the use, disclosure and destruction of information acquired by the Branch; in particular, the regulations may—
| (a) | prohibit the disclosure of information in specified circumstances; |
| (b) | permit the disclosure of information in specified circumstances; |
| (c) | require the disclosure of information in specified circumstances; |
| (d) | make provision by reference to whether or not a person consents to a disclosure which relates to him; |
(5) Regulations under this section may—
| (a) | create an offence (but not an offence punishable by imprisonment); |
| (b) | confer a discretionary function; |
| (c) | confer jurisdiction on a court or tribunal.'. |
The Road Accident Investigation Branch: Requirement to investigate
Mr Don Foster
Tom Brake
NC13
To move the following Clause:—
'(1) The Chief Inspector of Road Accidents may direct that any road accident or road incident of a specified kind or which occurs in specified circumstances shall be investigated by each person who manages or controls, or participates in managing or controlling, all or any part of public rights of right—
| (a) | on which the accident or incident takes place, or |
| (b) | which is involved in the accident or incident. |
(2) A direction—
| (a) | shall specify the manner in which the investigation is to be conducted, and |
| (b) | may make provision for a case where more than one person would be required to conduct an investigation, whether by requiring a joint investigation or by requiring or enabling one or more persons to conduct an investigation on behalf of others. |
(3) A person to whom a direction under subsection (1) applies commits an offence if he fails to comply with it.
(4) A person guilty of an offence under subsection (3) shall be liable—
| (a) | on summary conviction, to a fine not exceeding the statutory maximum, or |
| (b) | on conviction on indictment, to a fine. |
(5) The Chief Inspector shall publish a direction issued by him under subsection (1) in a manner which he considers will bring it to the attention of each person who is likely to be required to comply with it.
(6) But in proceedings against a person for an offence under subsection (3) of failing to comply with a direction it shall not be necessary to prove that he was aware of the direction.
(7) A direction under subsection (1)—
| (a) | may make provision which applies generally or only in specified circumstances, |
| (b) | may make different provision for different cases or circumstances, and |
| (c) | may be varied or revoked by a further direction.'. |
The Road Accident Investigation Branch: accident regulations
Mr Don Foster
Tom Brake
NC14
To move the following Clause:—
'(1) The Secretary of State may make regulations in connection with the investigation of road accidents.
(2) The regulations may, in particular—
| (a) | require a person to notify the Road Accident Investigation Branch of a road accident and, |
| (b) | make provision about the timing, form and content of notice given by virtue of paragraph (a). |
(3) The regulations may, in particular, require a person to take or not to take specified action following an accident or incident—
| (a) | pending the commencement of an investigation, or |
| (b) | during the process of an investigation. |
(4) The regulations may—
| (a) | create an offence (but not an offence punishable by a term of imprisonment exceeding the maximum term which may be imposed by a magistrates' court in accordance with section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6)); |
| (b) | confer a discretionary function; |
| (c) | confer jurisdiction on a court or tribunal.'. |
The Road Accident Investigation Branch: Crown application
Mr Don Foster
Tom Brake
NC15
To move the following Clause:—
'This Part applies in relation to property irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.'.
The Road Accident Investigation Branch: Regulations and orders
Mr Don Foster
Tom Brake
NC16
To move the following Clause:—
'(1) Regulations and orders under this Part—
| (a) | may make provision which applies generally or only in specified cases or circumstances, |
| (b) | may make different provision for different cases or circumstances, and |
| (c) | may include transitional, consequential or incidental provision. |
(2) Regulations and orders under this Part shall be made by statutory instrument.
(3) Regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
The Road Accident Investigation Branch: Extent
Mr Don Foster
Tom Brake
NC17
To move the following Clause:—
'(2) This Part extends to the whole of the United Kingdom.
| (a) | In the application of this Part in relation to Northern Ireland the maximum term for the purposes of section [The Road Accident Investigation Branch: Investigator's Powers] (4)(a) shall be 12 months.'. |
Development of rural road hierarchy
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
John Randall
Mr Don Foster
Tom Brake
NC21
To move the following Clause:—
'(1) There shall be a new classification of speed limits for rural roads to be known as a Rural Road Hierarchy.
(2) The hierarchy will set maximum speed limits for different road types, and include speed limits no higher than—
| (a) | 20 mph for rural roads in the vicinity of schools and roads designated as Quiet Lanes under the Transport Act 2000; |
| (b) | 30 mph for rural roads passing through villages; |
| (c) | 40 mph for rural roads which have been classified as Country Lanes; |
| (d) | 50 mph for poor quality single carriageways; |
| (e) | 60 mph for high quality single carriageways; and |
| (f) | 70 mph for dual carriageway roads. |
(3) For the purposes of this section, a Country Lane is any road which is primarily used for local access, where there is no white centre line, and which has been designated as such by the local transport authority.
(4) Local transport authorities shall have the power under this section to review any restricted and unrestricted non-urban road or roads for which they are the traffic authority and reclassify them as part of the rural road hierarchy.
(5) Local transport authorities may amend the existing speed limit for a road or roads within that classification, taking into account guidance issued by the Secretary of State.
(6) As soon as is practicable and no later than six months after the coming into force of this Act the Secretary of State shall issue guidance as to the way in which a transport authority shall exercise its powers in developing a rural road hierarchy.
(7) Guidance under this section shall include guidance on—
| (a) | the function of the rural road hierarchy; |
| (b) | definitions of different road types and areas, including country lanes, quiet lanes, and villages (subject to the requirements in subsection 4 and the Transport Act 2000) and how the assessment of road quality is to be made; |
| (c) | the procedures for reviewing the classification of roads and reclassifying them, including the use of appraisal; |
| (d) | requirements for public consultation; |
| (e) | appropriate speed limits for different road types within the hierarchy, subject to the requirements in subsection 2; |
| (f) | the procedures for applying speed limits on an area basis; |
| (g) | how the rural road hierarchy will link to requirements under the Transport Act 2000 for the production of Local Transport Plans; and |
| (h) | the relationship between the rural road hierarchy and urban roads.'. |
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