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Other Bills before Parliament

Road Safety Bill


Road Safety Bill

1

 

A

Bill

To

make provision about road traffic, registration plates, vehicle and driver

information, motorway picnic areas and private hire vehicles.  

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Grants towards costs of road safety measures

1       

Road safety grants

For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise

promotion of road safety by bodies other than local authorities) substitute—

“40     

Road safety grants

5

(1)   

A national transport authority may make payments to any local authority or

any other authority or body for meeting the whole or part of the capital or

running costs of any measures for promoting road safety.

(2)   

A “national transport authority” means—

(a)   

the Secretary of State acting with the approval of the Treasury,

10

or

(b)   

the National Assembly for Wales.”

Fixed penalties

2       

Graduated fixed penalties

(1)   

The Road Traffic Offenders Act 1988 (c. 53) Act is amended as follows.

15

(2)   

In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—

“(2)   

Any order made under subsection (1)(a) above in relation to an offence

may make provision for the fixed penalty for the offence to be different

depending on the circumstances, including (in particular)—

 
Bill 1053/4
 
 

Road Safety Bill

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(a)   

the nature of the contravention or failure constituting the

offence,

(b)   

how serious it is,

(c)   

the area, or sort of place, where it takes place, and

(d)   

whether the offender appears to have committed any offence or

5

offences of a description specified in the order during a period

so specified.”

(3)   

In section 84(2) (regulations about surcharge notices), for paragraphs (b) and

(c) substitute “and

(b)   

the amount of the penalty stated in the offer is less than the fixed

10

penalty applicable in the circumstances,”.

3       

Graduated fixed penalty points

(1)   

Section 28 of the Road Traffic Offenders Act 1988 (c. 53) (penalty points to be

attributed to an offence) is amended as follows.

(2)   

For subsection (3) substitute—

15

“(3)   

For the purposes of sections 57(5) and 77(5) of this Act, the number of

penalty points to be attributed to an offence is—

(a)   

where both a range of numbers and a number followed by the

words “(fixed penalty)” is shown in the last column of Part 1 of

Schedule 2 to this Act in relation to the offence, that number,

20

(b)   

where a range of numbers followed by the words “or

appropriate penalty points (fixed penalty)” is shown there in

relation to the offence, the appropriate number of penalty

points for the offence, and

(c)   

where only a range of numbers is shown there in relation to the

25

offence, the lowest number in the range.

(3A)   

For the purposes of subsection (3)(b) above the appropriate number of

penalty points for an offence is such number of penalty points as the

Secretary of State may by order made by statutory instrument

prescribe.

30

(3B)   

An order made under subsection (3A) above in relation to an offence

may make provision for the appropriate number of penalty points for

the offence to be different depending on the circumstances, including

(in particular)—

(a)   

the nature of the contravention or failure constituting the

35

offence,

(b)   

how serious it is,

(c)   

the area, or sort of place, where it takes place, and

(d)   

whether the offender appears to have committed any offence or

offences of a description specified in the order during a period

40

so specified.”

(3)   

In subsection (7), in paragraph (b), after “penalty)” insert “or the words “or

appropriate penalty points (fixed penalty)””.

(4)   

After that paragraph insert—

“(ba)   

substitute the words “or appropriate penalty points (fixed

45

penalty)” for a number together with the words “(fixed

 
 

Road Safety Bill

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penalty)”, or substitute a number together with the words

“(fixed penalty)” for the words “or appropriate penalty points

(fixed penalty)”, in relation to an offence in the last column of

Part 1 or 2,”.

(5)   

After subsection (8) insert—

5

“(8A)   

Before making any order under subsection (3A) above the Secretary of

State must consult with such representative organisations as he thinks

fit.”

(6)   

In subsection (9), for “subsection (7) above” substitute “this section”.

4       

Giving of fixed penalty notices by vehicle examiners

10

Schedule 1 contains provision about the giving of fixed penalty notices by

vehicle examiners and connected matters.

5       

Goods vehicles operator licensing

(1)   

The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as

follows.

15

(2)   

In subsection (1) of section 9 (duty of applicant for operator’s licence to notify

traffic commissioner of notifiable conviction subsequent to making of

application), insert at the end “or there is issued a notifiable fixed penalty

notice within the meaning given in paragraph 7 of that Schedule.”

(3)   

In subsection (3)(b) of that section (offence of failing to notify conviction of

20

transport manager), insert at the end “or the issue to the transport manager of

a fixed penalty notice or conditional offer under Part 3 of the Road Traffic

Offenders Act 1988 in respect of such an offence.”

(4)   

In subsection (1) of section 26 (revocation, suspension and curtailment of

operators’ licences), after paragraph (c) insert—

25

“(ca)   

that during those five years a fixed penalty notice or conditional

offer has been issued under Part 3 of the Road Traffic Offenders

Act 1988 to the licence-holder in respect of an offence within

sub-paragraph (i) of paragraph (c) or to a servant or agent of the

licence-holder in respect of an offence within sub-paragraph (i)

30

of that paragraph;”.

(5)   

In paragraph (d) of that subsection, insert at the end “or an issue of a fixed

penalty notice or conditional offer under Part 3 of the Road Traffic Offenders

Act 1988 to the licence-holder or a servant or agent of his in respect of such an

offence;”.

35

(6)   

In paragraph 1 of Schedule 2 (information about, and convictions of, applicants

for and holders of operators’ licences), after paragraph (f) insert—

“(fa)   

particulars of any notifiable fixed penalty notices which have

been issued during that five years;”.

 
 

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(7)   

After paragraph 6 of that Schedule insert—

““Notifiable fixed penalty notices”

7          

In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed

penalty notice or conditional offer under Part 3 of the Road Traffic

Offenders Act 1988—

5

(a)   

issued to a relevant person in respect of an offence such as is

mentioned in paragraph 5, or

(b)   

issued to a servant or agent of a relevant person in respect of

an offence within paragraph 4(b).”

6       

Public passenger vehicle licensing

10

(1)   

The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.

(2)   

In section 19 (duty of applicant for PSV operator’s licence to inform traffic

commissioners of relevant convictions etc.), after subsection (2) insert—

“(2A)   

For the purposes of subsections (1) and (2) above the issue to a person

of a fixed penalty notice or conditional offer under Part 3 of the Road

15

Traffic Offenders Act 1988 in respect of an offence prescribed for the

purposes of this Act is to be treated as if it were a relevant conviction of

him.”

(3)   

In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions

as to qualifications for PSV operator’s licence), after paragraph (a) insert—

20

“(aa)   

relevant fixed penalty notices issued to him and to his

employees and agents;”.

(4)   

In sub-paragraph (2) of that paragraph, after paragraph (a) insert—

“(aa)   

relevant fixed penalty notices issued to the company’s

officers, employees and agents;”.

25

(5)   

After that sub-paragraph insert—

   “(2A)  

In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty

notice” means a fixed penalty notice or conditional offer issued

under Part 3 of the Road Traffic Offenders Act 1988 in respect of an

offence prescribed for the purposes of this Act.”

30

New system of endorsement

7       

Driving record

In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—

“97A    

Meaning of “driving record”

(1)   

In this Act “driving record”, in relation to a person, means a record in

35

relation to the person maintained by the Secretary of State and

designed to be endorsed with particulars relating to offences

committed by the person under the Traffic Acts.

(2)   

The Secretary of State may make arrangements for the following

persons to have access, by such means as the Secretary of State may

40

determine, to information held on a person’s driving record—

 
 

Road Safety Bill

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(a)   

courts,

(b)   

constables,

(c)   

fixed penalty clerks,

(d)   

the person in respect of whom the record is maintained and

persons authorised by him, and

5

(e)   

other prescribed persons.”

8       

Unlicensed and foreign drivers

(1)   

The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

(2)   

In section 44 (endorsement of licences)—

(a)   

after subsection (3) insert—

10

“(3A)   

Where a person who is not the holder of a licence is convicted of

an offence involving obligatory endorsement, subsection (1)

above applies as if the reference to the counterpart of any

licence held by him were a reference to his driving record.”, and

(b)   

for the heading substitute “Orders for endorsement”.

15

(3)   

After that section insert—

“44A    

Endorsement of driving record in accordance with order

(1)   

Where the court orders the endorsement of a person’s driving record

with any particulars or penalty points it must send notice of the order

to the Secretary of State.

20

(2)   

On receiving the notice, the Secretary of State must endorse those

particulars or penalty points on the person’s driving record.

(3)   

A notice sent by the court to the Secretary of State in pursuance of this

section must be sent in such manner and to such address and contain

such particulars as the Secretary of State may require.”

25

(4)   

In section 54 (notices on-the-spot or at a police station), after subsection (5)

insert—

“(5A)   

Where the offence appears to the constable or vehicle examiner to

involve obligatory endorsement, and the person is not the holder of a

licence, the constable or vehicle examiner may only give him a fixed

30

penalty notice under subsection (2) above in respect of the offence if the

constable or vehicle examiner is satisfied, on accessing information

held on his driving record, that he would not be liable to be disqualified

under section 35 of this Act if he were convicted of that offence.

(5B)   

Subsection (5C) below applies where—

35

(a)   

the offence appears to the constable or vehicle examiner to

involve obligatory endorsement,

(b)   

the person concerned is not the holder of a licence, and

(c)   

the constable or vehicle examiner is unable to satisfy himself, by

accessing information held on his driving record, that he would

40

not be liable to be disqualified under section 35 of this Act if he

were convicted of that offence.

(5C)   

Where this subsection applies, the constable or vehicle examiner may

give the person a notice stating that if—

 
 

Road Safety Bill

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(a)   

he delivers the notice in accordance with subsection (5D) below,

and

(b)   

the person to whom it is delivered is satisfied, on accessing

information held on his driving record, that he would not be

liable to be disqualified under section 35 of this Act if he were

5

convicted of the offence,

   

he will then be given a fixed penalty notice in respect of the offence.

(5D)   

Delivery must—

(a)   

if the notice is given by a constable, be made in person, within

seven days after the notice is given, to a constable or authorised

10

person at the police station specified in the notice (being a police

station chosen by the person concerned), or

(b)   

if the notice is given by a vehicle examiner, be made (either by

post or in person), within fourteen days after the notice is given,

to the Secretary of State at the place specified in the notice.

15

(5E)   

If a person to whom a notice has been given under subsection (5C)

above delivers the notice in accordance with subsection (5D) above,

and the person to whom it is delivered is satisfied, on accessing

information held on his driving record, that he would not be liable to

be disqualified under section 35 of this Act if he were convicted of the

20

offence, that person must give him a fixed penalty notice in respect of

the offence to which the notice under subsection (5C) relates.”

(5)   

After section 57 insert—

“57A    

Endorsement of driving records without hearings

(1)   

Subject to subsection (2) below, where a person who is not the holder of

25

a licence has been given a fixed penalty notice under section 54 of this

Act in respect of an offence involving obligatory endorsement, his

driving record may be endorsed in accordance with this section

without any order of a court.

(2)   

A person’s driving record may not be endorsed under this section if at

30

the end of the suspended enforcement period—

(a)   

he has given notice, in the manner specified in the fixed penalty

notice, requesting a hearing in respect of the offence to which

the fixed penalty notice relates, and

(b)   

the fixed penalty has not been paid in accordance with this Part

35

of this Act.

(3)   

If payment of the fixed penalty is made before the end of the suspended

enforcement period and the person to whom the payment is made is the

fixed penalty clerk, the fixed penalty clerk must send to the Secretary of

State notice of the relevant particulars which are to be endorsed on the

40

person’s driving record.

(4)   

Where any sum determined by reference to the fixed penalty is

registered under section 71 of this Act for enforcement against the

person as a fine in a case where the fixed penalty is required to be paid

to the fixed penalty clerk, the fixed penalty clerk must send to the

45

Secretary of State notice of the relevant particulars which are to be

endorsed on the person’s driving record—

(a)   

if he is himself the person who registers the sum, on the

registration of that sum, and

 
 

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(b)   

in any other case, on being notified of the registration by the

person who registers that sum.

(5)   

The Secretary of State must endorse the relevant particulars on the

person’s driving record if—

(a)   

he receives notice of them under subsection (3) or (4) above,

5

(b)   

the fixed penalty is paid to him before the end of the suspended

enforcement period, or

(c)   

in a case where the fixed penalty is required to be paid to the

Secretary of State, any sum determined by reference to the fixed

penalty is registered under section 71 of this Act for

10

enforcement against the person as a fine.

(6)   

References in this section to the relevant particulars are to—

(a)   

particulars of the offence, including the date when it was

committed, and

(b)   

the number of penalty points to be attributed to the offence.”

15

(6)   

Schedule 2 contains further amendments about the endorsement of driving

records in the case of unlicensed and certain foreign drivers.

9       

All drivers

(1)   

The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 8 and

Schedule 2) is amended as follows.

20

(2)   

In section 44 (endorsement of licences)—

(a)   

in subsection (1), for “the counterpart of any licence held by him”

substitute “his driving record”, and

(b)   

omit subsection (3A).

(3)   

Section 54 (notices on-the-spot etc.) is amended as follows.

25

(4)   

For subsections (3) to (5E) substitute—

“(3)   

Where the offence appears to the constable or vehicle examiner to

involve obligatory endorsement, the constable or vehicle examiner may

only give him a fixed penalty notice under subsection (2) above in

respect of the offence if—

30

(a)   

the constable or vehicle examiner is satisfied, on accessing

information held on his driving record, that he would not be

liable to be disqualified under section 35 of this Act if he were

convicted of that offence, and

(b)   

if the person is the holder of a licence, he produces it for

35

inspection by the constable or vehicle examiner and surrenders

it to him to be retained and dealt with in accordance with this

Part of this Act.

(4)   

Where the offence appears to the constable or vehicle examiner to

involve obligatory endorsement, subsection (5) below applies if—

40

(a)   

the constable or vehicle examiner is unable to satisfy himself, by

accessing information held on his driving record, that he would

not be liable to be disqualified under section 35 of this Act if he

were convicted of the offence, or

(b)   

in the case of a person who is the holder of a licence, he does not

45

produce it for inspection by the constable or vehicle examiner.

 
 

 
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