Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

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34F
Approval of programmes
(1)
If an application is made to the appropriate national authority for the
approval of a programme for the purposes of section 34D of this Act,
the appropriate national authority must decide whether to grant or
refuse the application.
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(2)
In reaching that decision the appropriate national authority must have
regard to—
(a)
the nature of the programme, and
(b)
whether the programme provider is an appropriate person to
provide the programme and administer its provision efficiently
10
and effectively,
and may take into account any recommendations made by any persons
appointed to consider the application.
(3)
A programme may be approved subject to conditions specified by the
appropriate national authority.
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(4)
An approval of a programme is for the period specified by the
appropriate national authority (which must not exceed seven years),
subject to withdrawal of approval.
(5)
Regulations made by the appropriate national authority may make
provision in relation to the approval of programmes and may, in
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particular, include provision—
(a)
in relation to the making of applications for approval,
(b)
requiring the payment in respect of applications for approval, or of
approvals, (or of both) of fees of such amounts as are prescribed by the
regulations,
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(c)
specifying the maximum fees that a person may be required to
pay for a programme and by when they are to be paid,
(d)
for the monitoring of programmes and programme providers,
(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
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an application for approval, the imposition of conditions on the
grant of such an application or the withdrawal of approval, and
(g)
authorising the appropriate national authority to make available (with
or without charge) information about programmes and programme
providers.
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34G
Provisions supplementary to sections 34D to 34F
(1)
The appropriate national authority may issue guidance to programme
providers, or to any category of programme provider, as to the conduct
of programmes approved for the purposes of section 34D of this Act;
and—
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(a)
programme providers shall have regard to any guidance given
to them under this subsection, and
(b)
in determining for the purposes of section 34E of this Act
whether any instructions or requirements of a programme
provider were reasonable, a court shall have regard to any
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guidance given to him under this subsection.
(2)
The Secretary of State may by regulations make provision—

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(a)
amending section 34D(1)(b) of this Act by substituting for the
period for the time being specified there a different period,
(b)
amending section 34D(1)(d) of this Act by substituting for the
period for the time being specified there a different period, or
(c)
amending section 34D(4) of this Act by substituting for the
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period for the time being specified there a different period, or by
substituting for the fraction of the unreduced period for the
time being specified there a different fraction of that period, (or
by doing both).
(3)
In sections 34D to 34F of this Act and this section—
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“appropriate national authority” means (as respects Wales) the
National Assembly for Wales and (otherwise) the Secretary of
State;
“contravention” includes failure to comply;
“programme provider”, in relation to an alcolock ignition
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interlock programme, means the person by whom it is, or is to
be, provided;
“proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales,
the designated officer for the court, and
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(b)
otherwise, the clerk of the court;
“relevant local court”, in relation to an alcohol ignition interlock
programme order in the case of an offender, means—
(a)
in England and Wales, a magistrates’ court acting for the
local justice area in which the offender resides, and
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(b)
in Scotland, the sheriff court for the district where the
offender resides or, where the order is made by a
stipendiary magistrate and the offender resides within
his commission area, the district court for that area;
“supervising court”, in relation to an alcolock ignition interlock
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programme order, means—
(a)
in England and Wales, if the Crown Court made the
order the Crown Court and otherwise a magistrates’
court acting in the same local justice area as the court
which made the order, and
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(b)
in Scotland, the court which made the order.
(4)
Any power to make regulations under section 34D, 34E or 34F of this
Act or this section includes power to make different provision for
different cases, and to make such incidental or supplemental provision
as appears to the appropriate national authority to be necessary or
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expedient.
(5)
Any power to make regulations under section 34D, 34E or 34F of this
Act or this section shall be exercisable by statutory instrument.
(6)
A statutory instrument containing regulations made under section 34D,
34E or 34F of this Act by the Secretary of State shall be subject to
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annulment in pursuance of a resolution of either House of Parliament.
(7)
No regulations shall be made under this section unless a draft of the
regulations has been laid before, and approved by a resolution of, each
House of Parliament.”

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(2)
In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert—
“41B
Suspension of certificate pending determination of applications
under section 34E
(1)
Where a person given a certificate under subsection (1) of section 34E
of this Act makes an application to a court under subsection (5) of that
5
section, the court may suspend the effect of the certificate pending the
determination of the application.
(2)
Where a court exercises its power under subsection (1) above it must
send notice of the suspension to the Secretary of State.
(3)
The notice must be sent in such manner and to such address and must
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contain such particulars, as the Secretary of State may determine.”
(3)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts), after the entry relating to
section 27 of that Act insert—

“Section 34D(12)
Interference
Summarily.
Level 4 on the

”

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of this Act.
with alcohol

standard scale

ignition

if the motor

interlock.

vehicle to

which the

alcohol ignition

20

interlock is

fitted is a goods

vehicle or a

vehicle adapted

to carry more

25

than eight

passengers.

Level 3 on the

standard scale

in any other

30

case.

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Experimental period for section 14
(1)
Subject as follows, no order shall be made under section 34D of the Road
Traffic Offenders Act 1988 (inserted by section 14) after—
(a)
the end of 2010, or
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(b)
such later time as may be specified in an order made by the Secretary
of State.
(2)
But at any time before the restriction imposed by subsection (1) has taken
effect, the Secretary of State may by order provide that it shall not do so.
(3)
In this section “the experimental period” means the period beginning when
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section 14 comes into force and ending—
(a)
when the restriction imposed by subsection (1) takes effect, or
(b)
if the Secretary of State makes an order under subsection (2), on a date
specified in the order.
(4)
During the experimental period—
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(a)
no order shall be made under section 34D by virtue of a person’s
conviction under section 3A of the Road Traffic Act 1988 (c. 52), and
(b)
no order shall be made under section 34D except by a magistrates’
court acting for a local justice area (or, in Scotland, a sheriff court for a

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district or a stipendiary magistrate for a commission area) which is for
the time being designated for the purposes of this section.
(5)
In relation to orders made under section 34D during the experimental period,
section 34E(5) shall have effect with the omission of the references to the
relevant local court.
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(6)
The power to designate an area or district for the purpose is exercisable by the
Secretary of State by order, and includes power to revoke a designation
previously made.
(7)
An order under subsection (6) must specify the period for which an area or
district is designated, and may—
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(a)
specify different periods for different areas or districts, and
(b)
extend or shorten any period previously specified.
(8)
The power to make an order under subsection (1) is not exercisable after the
end of 2010, and no more than one order may be made under that subsection.
(9)
Any power of the Secretary of State to make orders under this section is
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exercisable by statutory instrument, and—
(a)
no order is to be made under subsection (1) or (2) unless a draft of it has
been laid before, and approved by a resolution of, each House of
Parliament, and
(b)
any statutory instrument containing an order under subsection (6) is
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subject to annulment in pursuance of a resolution of either House of
Parliament.
Speeding
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Penalty points
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
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(prosecution and punishment of offences: offences under the Traffic Acts), in
column (7) (penalty points)—
(a)
for the entry relating to section 17(4) of the Road Traffic Regulation Act
1984 (c. 27) (traffic regulation on special roads), substitute “2-6 or
appropriate penalty points (fixed penalty) if committed in respect of a
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speed limit, 3 in any other case”, and
(b)
for the entry relating to section 89(1) of that Act (speeding offences
other than those on special roads), substitute “2-6 or appropriate
penalty points (fixed penalty)”.
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Speed assessment equipment detection devices
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(1)
In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction,
weight, equipment and use of vehicles)—
(a)
in subsection (2), at the end insert—
“(m)
speed assessment equipment detection devices.”, and
(b)
in subsection (7), at the end insert—
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““speed assessment equipment detection device” means a
device the purpose, or one of the purposes, of which is
to detect, or interfere with the operation of, equipment
used to assess the speed of motor vehicles.”

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(2)
After section 41B of that Act (breach of requirement as to weight: goods and
passenger vehicles) insert—
“41C
Breach of requirement as to speed assessment equipment detection
devices
A person who—
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(a)
contravenes or fails to comply with a construction or use
requirement as to speed assessment equipment detection
devices, or
(b)
uses on a road a motor vehicle or trailer which does not comply
with such a requirement, or causes or permits a motor vehicle
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or trailer to be so used,
is guilty of an offence.”
(3)
In section 42(a) of that Act (breach of other construction and use requirements),
for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”.
(4)
In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation),
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at the appropriate place insert—
““special road” in England and Wales has the same meaning as in
the Highways Act 1980 and in Scotland has the same meaning
as in the Roads (Scotland) Act 1984,”.
(5)
In Schedule 1 to that Act (offences to which certain sections of that Act apply),
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after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52)
insert—

“RTA section 41C.
Breach of requirement as to
Sections 11 and 12(1) of this

speed assessment
Act.”

equipment detection device.

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(6)
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
offences under the Traffic Acts), after the entry relating to section 41B of the
Road Traffic Act 1988 insert—

“RTA section 41C
Breach of
Summarily.
(a) Level 4
Discretionary.
Obligatory.
3-6 or 3

requirement as

on the

(fixed

30

to speed

standard

penalty).”

assessment

scale if

equipment

committed

detection

on a special

devices.

road.

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(b) Level 3

on the

standard

scale in any

other case.

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(7)
In Schedule 3 to that Act (fixed penalty offences), after the entry relating to
section 41B of the Road Traffic Act 1988 insert—

“RTA section 41C
Breach of requirement as

to speed assessment

equipment detection

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devices.”