House of Commons portcullis
House of Commons

Publications on the internet
Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Friday 12th March 2004


CONSIDERATION OF BILL

TRAFFIC MANAGEMENT BILL


NEW CLAUSES

Power to inspect blue badges

   

Mr Secretary Darling

NC11

To move the following Clause:—

    '(1)   Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c.44) (badges for display on motor vehicles used by disabled persons) is amended as follows.

    (2)   In subsection (4B) after "a badge" there is inserted "purporting to be".

    (3)   After subsection (4B) there is inserted—

          "(4BA)   Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who—

          (a)  is in the vehicle, or

          (b) appears to have been in, or to be about to get into, the vehicle,

        to produce the badge for inspection.

          (4BB)   In subsection (4BA) "enforcement officer" means—

          (a) a traffic warden;

          (b) a civil enforcement officer (within the meaning of section 73 of the Traffic Management Act 2004);

          (c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984).

          (4BC)   The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

          (4BD)   A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence."

          (4)   In subsection (4C) after "(4B)" there is inserted "or (4BD)".'.


Civil enforcement of traffic contraventions (guidance)

   

Mr Damian Green
Mr Christopher Chope
Mr Gregory Knight
Mr David Wilshire

NC1

To move the following Clause:—

    '(1)   The appropriate national authority may issue guidance to any local authority undertaking civil enforcement powers under Part 6 of this Act or the London Local Authorities and Transport for London Act 2003 about any matter relating to the exercise by it of any power to impose civil penalties for road traffic contraventions.

    (2)   In exercising their powers of civil enforcement of traffic conventions a local authority shall have regard to any guidance under this section.'.


Permits issued under Part 3 (fees)

   

Mr Damian Green
Mr Christopher Chope
Mr Gregory Knight
Mr David Wilshire

NC2

To move the following Clause:—

       'No fee in respect of any application for a permit or the issue of a permit under Part 3 of this Act shall be set at a level higher than that necessary to cover the administrative costs of—

      (a) responding to permit applications;

      (b) issuing permits; and

      (c) maintaining a register of permits.'.


Road humps (consultation with emergency services)

   

Mr Damian Green
Mr Christopher Chope
Mr Gregory Knight
Mr David Wilshire

NC3

To move the following Clause:—

       'No highway authority shall place or cause to be placed on the highway any road hump pursuant to section 90A of the Highways Act 1980 and in accordance with the Highways (Road Humps) Regulations 1999 without the prior approval of—

      (a) the ambulance authority for the area; and

      (b) the fire authority for the area.'.


Use of bus lanes

   

Mr Damian Green
Mr Christopher Chope
Mr Gregory Knight
Mr David Wilshire

NC4

To move the following Clause:—

       'Any motor vehicle with two or more passengers shall be entitled at any time to use any carriageway marked out as a bus lane.'.


Traffic lights

   

Mr Damian Green
Mr Christopher Chope
Mr Gregory Knight
Mr David Wilshire

NC5

To move the following Clause:—

       'In exercising their network management duty, a local traffic authority (or, in London, Transport for London) shall be required to monitor all traffic lights in operation in their area and shall—

      (a) ensure that all traffic lights operate on a traffic sensitive basis during non-rush hour periods;

      (b) require that traffic lights are set to achieve the most expeditious flow of traffic and pedestrians at all times they are operational;

      (c) require that unless there are good reasons for not so doing that traffic lights at junctions with low traffic volumes operate in amber warning mode in all directions during non-rush hour periods.'.


Bus lanes (use by other vehicles)

   

Mr John Redwood

NC6

To move the following Clause:—

    '.   All bus lanes where buses are moving in the same direction as traffic in the adjacent or vehicle lane shall be open to use by cycles, motorcycles, licensed taxis and invalid vehicles.'.


Bus lanes (times of operation)

   

Mr John Redwood

NC7

To move the following Clause:—

    '.   All bus lanes shall cease to operate as bus lanes during those periods when no local buses are timetabled to operate.'.


Network management duty

   

Mr John Redwood

NC8

To move the following Clause:—

       'In exercising their network management duty, the local traffic authority shall be required to ensure:

      (a) that all traffic lights operate on a traffic sensitive basis during non rush hour periods,

      (b) traffic lights are set to achieve the most expeditious flow of traffic and pedestrians at all times they are operational,

      (c) that traffic lights give longer green phases to main roads than to side roads and give continuous green phases to main roads during quiet times of the day and night, save where the traffic sensors recognise traffic on approaching side roads.'.


Motorways (maximum speed)

   

Mr John Redwood

NC9

To move the following Clause:—

       'The maximum speed on a motorway shall be 80mph and 60mph in bad weather determined by the highway controllers with access to the motorway warning signs system.'.


Amendment to Schedule 2 of the Road Traffic Offenders Act 1988

   

John Thurso
Mr Paul Marsden

NC12

To move the following Clause:—

       'In the entry relating to section 143 of the Road Traffic Offenders Act 1988 (using vehicle while uninsured or unsecured against third-party risks)—

      (a) in column 4 for the words "Level 5" there shall be substituted the words "Six months or level 5 on the standard scale or both";

      (b) in column 5 for the word "Discretionary" there shall be substituted the word "Obligatory";

      (c) in column 6 for "6-8" there shall be substituted "10".'.


   

Miss Anne McIntosh

5

Page     4,     line     39,     leave out Clause 8.


   

Mr Christopher Chope

2

Page     5,     line     19     [Clause     9],     at end insert—

    '(3)   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, when this can be done without compromising safety or unreasonably impeding traffic-flow—

      (a) grant the driver of the vehicle, where present, a reasonable opportunity to contact a breakdown organisation or other service provider 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; or

      (b) where the driver of the broken-down vehicle is not a member of a breakdown organisation, take into account 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 section 5(3).'.


   

Mr Secretary Darling

3

Page     6,     line     12     [Clause     11],     leave out 'may' and insert 'shall'.


   

Mr Damian Green
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire

1

Page     7,     line     25     [Clause     16],     at end insert—

      '(c) ensuring that the authority's road network is maintained in a condition fit for its purpose; and

      (d) ensuring that any defects are remedied as soon as may be reasonably practicable.'.


   

Mr Damian Green
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire

9

Page     8,     line     24     [Clause     17],     at end insert—

    '(7)   A local traffic authority shall publish information ("street works monitoring information") relating to the duration, location and extent of:

      (a) street works within the meaning of the New Roads and Street Works Act 1991; and

      (b) works for road purposes within the meaning of section 86(2) of the New Roads and Street Works Act 1991;

       on the authority's road network.

    (8)   The appropriate national authority may by regulations make provision with respect to the content of street works monitoring information and when it must be published.'.


   

John Thurso
Mr Paul Marsden
Simon Hughes

6

Page     10,     line     33     [Clause     21],     at end insert—

    '(11)   This section shall not apply to the body corporate known as Transport for London established by section 154 of the Greater London Authority Act 1999 nor affect guidance or directions issued to Transport for London by the Mayor of London.'.

 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 12 Mar 2004