S.C.A.
Amendment Paper as at
Tuesday 27th January 2004
STANDING COMMITTEE A
New Amendments handed in are marked thus *
TRAFFIC MANAGEMENT BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee (26th January).
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on 26th January (Sessional Order C relating to Programming (28th June 2001)):—
That—
(1) during proceedings on the Traffic Management Bill the Standing Committee shall meet on Tuesdays and Thursdays at 9.25 a.m. and 2.30 p.m.;
(2) the proceedings shall be taken in the following order, namely Clauses 1 to 39, Schedule 1, Clause 40, Schedules 2 and 3, Clauses 41 to 50, Schedule 4, Clauses 51 to 60, Schedules 5 and 6, Clauses 61 to 69, Schedule 7, Clause 70, Schedule 8, Clauses 71 to 73, Schedule 9, Clauses 74 to 80, Schedule 10, Clauses 81 to 86, Schedules 11 and 12, Clauses 87 to 93, new Clauses, new Schedules;
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.30 p.m. on Thursday 12th February.
Mr David Jamieson has given notice of his intention to make a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June 2001)]
John Thurso
Mr Paul Marsden
Brian White
86
Clause 1, page 1, line 9, after first 'the', insert 'safe'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
1
Clause 1, page 1, line 9, leave out from 'network;' to end of line 11.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
26
Clause 1, page 1, line 9, leave out '; or'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
27
Clause 1, page 1, line 11, at end insert '; or
| (c) | the detection and enforcement of traffic law and regulation on the relevant road network'. |
John Thurso
Mr Paul Marsden
87
Clause 1, page 1, line 11, at end insert—
'(ba) liaison with local traffic authorities to assist the management of traffic moving over relevant and local roads'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
2
Clause 1, page 1, line 15, leave out from 'State);' to end of line 2 on page 2.
John Thurso
Mr Paul Marsden
88
Clause 1, page 2, line 2, at end insert—
'(3A) The Secretary of State may issue or approve for the purposes of this Part, codes of practice giving practical guidance as to the exercise of any powers conferred by this Part and in exercising these powers a traffic officer shall have regard to any such codes of practice.'.
John Thurso
Mr Paul Marsden
89
Clause 2, page 2, line 10, leave out 'individuals as'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
John Thurso
Mr Paul Marsden
3
Clause 2, page 2, line 10, leave out from 'officers;' to end of line 11.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
28
Clause 2, page 2, line 11, leave out 'another person' and insert 'the Highways Agency'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
4
Clause 2, page 2, line 18, leave out 'may' and insert 'must'.
John Thurso
Mr Paul Marsden
91
Clause 2, page 2, line 20, leave out subsections (5) and (6).
Brian White
144
Clause 2, page 2, line 27, at end add—
'(7A) The appropriate national authority will draw up, in consultation, such training programmes as may be considered appropriate.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
29
Clause 2, page 2, line 28, at end insert—
'(8) No traffic officer shall be designated unless he is the holder of a current valid driving licence and has been the subject of a check with the Criminal Records Bureau.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
5
Clause 3, page 2, line 30, leave out from 'has' to 'jurisdiction' in line 36.
Mr David Jamieson
Mr Tony McNulty
60
Clause 5, page 3, line 10, leave out '6' and insert '(Powers to stop or direct traffic)'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
30
Clause 5, page 3, leave out line 11.
Brian White
145
Clause 5, page 3, line 17, after 'the', insert 'safe'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
6
Clause 5, page 3, line 24, leave out 'or near'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
7
Clause 5, page 3, leave out line 25.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
8
Clause 5, page 3, line 28, leave out from '3;' to end of line 34.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
159
Clause 5, page 3, line 34, at end insert—
'(5A) A traffic officer shall, when considering an exercise of his special powers in relation to a broken-down vehicle, take account of any wishes of the driver with regard to attendance on the relevant vehicle and accede to such wishes where this would fulfill the purpose or purposes specified in subsection (3) above without compromising safety or unreasonably impeding traffic flow.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
9
Clause 5, page 3, line 35, at end insert 'full'.
John Thurso
Mr Paul Marsden
92
Clause 6, page 3, line 38, leave out from 'officer' to end of line.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
10
Clause 6, page 3, line 42, after first 'vehicle', insert 'or cycle'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
11
Clause 6, page 4, line 5, after 'vehicle', insert 'or cycle'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
32
Clause 6, page 4, line 8, leave out '163(1) and (2)' and insert 'section 163'.
Mr David Jamieson
Mr Tony McNulty
61
Page 3, line 37, leave out Clause 6.
John Thurso
Mr Paul Marsden
93
Clause 8, page 4, line 27, after 'may', insert 'after full consultation with all relevant parties'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
12
Clause 8, page 4, line 36, leave out 'any Act or'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr John Redwood
13
Clause 8, page 4, line 36, at end insert—
'(3A) An order made under this section may not amend any Act'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
31
Page 4, line 26, leave out Clause 8.
Mr Christopher Chope
156
Clause 9, page 5, line 7, at end add—
'(2A) No regulation made under section 99 of the Road Traffic Regulation Act 1984 shall require the payment of a fee by the registered keeper of a vehicle when that vehicle has been moved or disabled as a result of any unlawful act by another person.'.
Mr Christopher Chope
157
Clause 9, page 5, line 7, at end add—
'(2A) When exercising any powers made under provisions referred to in subsection (1), and before arranging for the removal of a broken-down vehicle, a traffic officer shall grant the driver of the vehicle, where present, a reasonable opportunity to contact a breakdown organisation of their choice and if that organisation confirms to the traffic officer that it will attend the broken-down vehicle as soon as practicable, then the traffic officer shall allow that organisation a reasonable period in which to attend the aforesaid vehicle.'.
Mr Christopher Chope
158
Clause 9, page 5, line 7, at end add—
'(2A) Any fee or charge set for the removal of any vehicle under this section shall be reasonable and in line with similar charges applicable in the open market.'.
