S.C.A.
Amendment Paper as at
Thursday 5th February 2004
STANDING COMMITTEE A
TRAFFIC MANAGEMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (27th January).
Mr John Mann
196
Clause 68, page 41, line 8, leave out 'of criminal proceedings or'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
50
Clause 68, page 41, line 9, at end insert—
'(3A) The regulations shall include provision in respect of challenges to penalty notices and shall provide that such a challenge may be made immediately the notice has been received.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
129
Clause 68, page 41, line 10, leave out 'may' and insert 'shall'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
130
Clause 68, page 41, line 15, leave out 'may' and insert 'shall'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
131
Clause 68, page 41, line 17, at end add—
'(6) The regulations shall include provision that a penalty charge shall not be imposed in respect of any description of conduct in which there is a reasonable excuse having regard to the circumstances at the time.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
132
Clause 68, page 41, line 17, at end add—
'(7) The regulations shall include provision for a standard compensation payment to be made in respect of penalty charge notices which are withdrawn or successfully appealed.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
133
Clause 68, page 41, line 17, at end add—
'(8) The regulations shall include provision for penalty charges to be proportionate to the gravity of the contravention having regard to the duration of the contravention and its impact upon the safety and convenience of other road users.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
134
Clause 68, page 41, line 17, at end add—
'(9) Regulations under this Part of the Act shall require a local authority exercising civil enforcement powers to publish an annual report within six months of the end of each financial year setting out penalty income received and details of the number of appeals and representations received and their outcome.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
136
Clause 69, page 41, leave out line 23.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
137
Clause 69, page 41, leave out line 24.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
138
Clause 69, page 41, leave out line 25.
Brian White
151
Clause 69, page 41, line 31, at end insert—
'(4A) Regulations under this part of the Act may not extend provision in relation to different descriptions of contraventions to include such contraventions as are likely to cause or contribute to a road traffic accident.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
139
Schedule 7, page 71, leave out lines 8 to 22.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
140
Schedule 7, page 71, leave out lines 23 to 29.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
141
Schedule 7, page 71, leave out from line 30 to end of line 25 on page 73.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
142
Clause 71, page 42, line 3, leave out 'require' and insert 'invite'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
192
Clause 72, page 42, line 40, leave out from 'authority' to end of line 43.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
193
Clause 72, page 42, line 43, at end insert—
'(2A) No person shall be employed as a civil enforcement officer 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 David Jamieson
Mr Tony McNulty
71
Schedule 9, page 79, line 5, after 'to' insert 'contraventions on or adjacent to'.
Mr David Jamieson
Mr Tony McNulty
72
Schedule 9, page 79, line 6, leave out 'other roads' and insert '—
| (i) | parking places provided or authorised by such authorities, or |
| (ii) | contraventions on or adjacent to roads other than GLA roads,'. |
Mr David Jamieson
Mr Tony McNulty
73
Schedule 9, page 80, line 10, after 'to' insert 'contraventions on or adjacent to'.
Mr David Jamieson
Mr Tony McNulty
74
Schedule 9, page 80, line 12, leave out 'other roads' and insert '—
| (i) | parking places provided or authorised by such authorities, or |
| (ii) | contraventions on or adjacent to roads other than GLA roads.'. |
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
53
Clause 75, page 45, line 2, leave out '15 minutes have' and insert '1 hour has'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
54
Clause 75, page 45, line 5, leave out '15 minutes have' and insert '1 hour has'.
Mr Christopher Chope
Mr Greg Knight
81
Clause 75, page 45, line 18, at end insert—
'(5A) Nothing in those regulations shall exempt a traffic officer, a local traffic authority or any person employed by or acting for them from liability to the owner of a vehicle where the affixation of an immobilisation device has caused any damage thereto.'.
Mr David Jamieson
Mr Tony McNulty
67
Clause 77, page 46, line 32, leave out from beginning to 'and' in line 34.
Mr Christopher Chope
Mr Greg Knight
84
Clause 82, page 50, line 30, before 'occupier', insert 'lawful'.
Mr David Jamieson
Mr Tony McNulty
68
Clause 86, page 52, line 32, leave out 'and 12 provide for amendments and repeals' and insert 'provides for amendments'.
Mr David Jamieson
Mr Tony McNulty
75
Schedule 11, page 84, line 13, after 'who' insert 'in the case of a vehicle found in an area that is a civil enforcement area for parking contraventions'.
Mr David Jamieson
Mr Tony McNulty
76
Schedule 11, page 84, line 14, leave out 'a' and insert 'the'.
Mr David Jamieson
Mr Tony McNulty
77
Schedule 11, page 84, line 16, leave out 'a' and insert 'the'.
Mr David Jamieson
Mr Tony McNulty
78
Schedule 11, page 85, line 4, leave out subsection (5) and insert—
'( ) The functions of adjudicators under this section shall be discharged by the persons appointed as adjudicators for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic contraventions) and any arrangements made for the discharge of their functions under that Part also have effect for the purposes of this section.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
52
Schedule 12, page 86, line 28, at end insert—
