Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
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Compulsory surrender of old-form licences
(1)
In the Road Traffic Act 1988 (c. 52), after section 98 insert—
“98A
Compulsory surrender of old-form licences
(1)
The Secretary of State may by order require the holders of licences of a
specified description, or any specified description of the holders of such
5
licences, to surrender the licences and their counterparts to the
Secretary of State.
(2)
An order under this section may specify as the description of licences
to be surrendered—
(a)
licences which are not in the form of a photocard, or
10
(b)
licences in the form of a photocard of a description no longer
specified by the Secretary of State as a form in which licences are
granted.
(3)
An order under this section must specify the date by which the licences
to which it relates (and their counterparts) are to be surrendered; and
15
may specify different dates in relation to different descriptions of
licence holders.
(4)
An order under this section must include provision for the grant of a
new licence to every holder of a licence surrendered (with its
counterpart) in pursuance of the order who—
20
(a)
pays such fee (if any) as is specified by the order, and
(b)
provides the Secretary of State with such evidence or further
evidence as the Secretary of State may require (which may
include a photograph which is a current likeness of him).
(5)
A replacement licence granted pursuant to provision made by virtue of
25
subsection (4) above expires on the date on which the surrendered
licence would have expired had it not been surrendered (but subject to
subsection (6) below).
(6)
Where the period for which the surrendered licence was granted was
based on an error with respect to the licence holder’s date of birth such
30
that (if the error had not been made) that licence would have been
expressed to expire on a different date, the replacement licences expires
on that different date.
(7)
A person who, without reasonable excuse, fails to comply with any
requirement to surrender a licence and its counterpart imposed by an
35
order under this section is guilty of an offence.
(8)
An order under this section may—
(a)
make different provision for different cases, and
(b)
contain such incidental and supplementary provisions as the
Secretary of State considers appropriate.
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(9)
The power to make an order under this section is exercisable by
statutory instrument.
(10)
Before making an order under this section the Secretary of State must
consult with such representative organisations as he thinks fit.

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(11)
A statutory instrument containing an order under this section is subject
to annulment in pursuance of a resolution of either House of
Parliament.”
(2)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences under the Traffic Acts), after the
5
entry relating to section 96 of the Road Traffic Act 1988 (c. 52) insert—

“RTA  section
Driving licence
Summarily.
Level 3 on the

”

98A(7).
holder failing

standard scale.

to surrender

licence and

10

counterpart.

30
Fee for renewal of photocard licence and issue of certain alternative licences
(1)
In section 99 of the Road Traffic Act 1988 (duration of licence)—
(a)
in subsection (7) (grant of new licence free of charge on surrender of
photocard licence after ten years, in cases of error and on change of
15
name or address), omit “and any licence granted under this subsection
shall be granted free of charge”, and
(b)
After that subsection insert—
“(7ZA)
The Secretary of State is not required by subsection (7) above to grant
a new licence on the surrender of a licence and its counterpart by a
20
person in pursuance of subsection (2A) above unless the person has
paid the fee (if any) which is prescribed; but any other licence under
that subsection is to be granted free of charge.”
(2)
In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of Community
licences: issue of alternative licences), for “, free of charge,” substitute “, on payment
25
of such fee (if any) as may be prescribed,”.
31
Driver training
(1)
In section 99ZC(1) of the Road Traffic Act 1988 (driving training courses:
supplementary), after paragraph (e) insert “and
“(f)
provision authorising the Secretary of State to make available
30
information about persons providing driver training courses.”
(2)
In section 173(2)(ff) of that Act (forgery of documents etc.: certificate relating to
the completion of training course for motor cyclists)—
(a)
for “97(3A)” substitute “99ZC(1)(e)”, and
(b)
for “training course for motor cyclists” substitute “driver training
35
course”.
32
Driving instruction
Schedule 4 contains amendments about driving instruction.

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Regulation of registration plate suppliers
33
Enforcement authorities
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) is amended as follows.
(2)
In section 26(8) (power of entry for authorised persons: meaning of “authorised
5
person”), for “section by” substitute “section—
“(a)
by the Secretary of State, or
(b)
by”.
(3)
In section 30(a) (institution of proceedings for offences), after “by” insert “the
Secretary of State,”.
10
(4)
In section 31(1) (interpretation), for the definition of “local authority”
substitute—
““local authority” means—
(a)
in relation to England, a county council, a district
council, a London borough council, the Common
15
Council of the City of London in its capacity as a local
authority or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county
borough council;”.
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Registration plates
20
(1)
Part 2 of the Vehicles (Crime) Act 2001 is amended as follows.
(2)
In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of
“registration plate”, for “a registration mark” substitute “in accordance with
regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act
a registration mark which complies with regulations under paragraph (a) of
25
that subsection”.
(3)
Section 28 (offences) is amended as follows.
(4)
After subsection (1) insert—
“(1A)
A person who sells a plate or other device which is not a registration
plate only because the registration mark displayed by it—
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(a)
does not comply with regulations under paragraph (a) of
subsection (4) of section 23 of the 1994 Act, or
(b)
is displayed otherwise than in accordance with regulations
under paragraph (b) of that subsection,

(or both) shall be guilty of an offence.
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(1B)
The Secretary of State may by regulations provide that the offence
under subsection (1A) is not committed in circumstances prescribed by
the regulations.”
(5)
In subsection (2), after “(1)” insert “or (1A)”.
(6)
In subsection (3), for “subsection (1) or (2)” substitute “this section”.
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(7)
In the heading, for “counterfeit registration plates” substitute “plates etc.”

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Extension to Scotland and Northern Ireland
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) extends to Scotland and Northern Ireland.
(2)
In consequence of subsection (1) that Act is amended as follows.
(3)
In section 17(1) (requirement of registration for registration plate suppliers
5
carrying on business in England or Wales), omit “in England or Wales”.
(4)
In section 18(5) (certified copy of register or extract from register to be evidence
of matters mentioned in it), after “evidence” insert “(or, in Scotland, sufficient
evidence)”.
(5)
In section 20(6) (removal or suspension not to have effect while appeal pending
10
or capable of being brought: meaning of “appeal”), after the reference to section
111 of the Magistrates’ Courts Act 1980 (c. 43) insert “or Article 146 of the
Magistrates’ Courts (Northern Ireland) Order 1981”.
(6)
For section 23 substitute—
“23
Appeals: Part 2
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(1)
An appeal against the cancellation by the Secretary of State under
section 21 of a person’s registration may be brought—
(a)
in England and Wales, to a magistrates’ court,
(b)
in Scotland, to the sheriff, or
(c)
in Northern Ireland, to a court of summary jurisdiction.
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(2)
An appeal under subsection (1) shall be brought within the period of 21
days beginning with the day on which the person concerned is served
with a notice under section 22(7).
(3)
The procedure on an appeal under subsection (1)—
(a)
in England and Wales, is to be by way of complaint for an order
25
and in accordance with the Magistrates’ Courts Act 1980,
(b)
in Scotland, is to be by way of summary application to the
sheriff, and
(c)
in Northern Ireland, is to be by way of complaint under Part 8
of the Magistrates’ Courts (Northern Ireland) Order 1981.
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(4)
For the purposes of the time limit for bringing an appeal under
subsection (1) the appeal is to be treated as brought—
(a)
in England and Wales or Northern Ireland, on the making of the
complaint, and
(b)
in Scotland, on the lodging of the summary application with the
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sheriff clerk.
(5)
A party to an appeal to the sheriff under subsection (1) may further
appeal, on a point of law only, to the sheriff principal or the Court of
Session; and the decision on such an appeal is final.
(6)
On an appeal under subsection (1) or (5), the court may confirm, vary
40
or reverse the decision appealed against and generally give such
directions as it considers appropriate having regard to the provisions of
this Part.

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(7)
The Secretary of State must comply with any directions given by a court
under this section.
(8)
But the Secretary of State need not do so until—
(a)
in England and Wales, the time for making an application under
section 111 of the Magistrates’ Courts Act 1980 (application by
5
way of case stated),
(b)
in Scotland, the time for lodging an appeal under subsection (5),
or
(c)
in Northern Ireland, the time for making an application under
Article 146 of the Magistrates’ Courts (Northern Ireland) Order
10
1981 (application by way of case stated),

has passed.
(9)
And if such an application or appeal is made or lodged, he need not do
so until the final determination or withdrawal of the appeal or
application.”
15
(7)
In section 26 (rights to enter and inspect premises)—
(a)
in subsection (3) (application for warrant), after “justice of the peace”
insert “, or (in Scotland) a justice of the peace, magistrate or sheriff,”,
(b)
in subsection (4) (issue of warrant), after “justice” insert “of the peace,
magistrate or sheriff”, and
20
(c)
in subsection (8), as amended by section 33(2), before “by a local
authority” insert “(except in Northern Ireland)”.
(8)
Section 30 (proceedings for offences), as amended by section 33(3), is to be
renumbered as subsection (1) of that section; and—
(a)
in that subsection, after “instituted” insert “in England and Wales”, and
25
(b)
after that subsection insert—
“(2)
Proceedings for an offence under this Part shall not be instituted
in Northern Ireland except—
(a)
by the Secretary of State or a constable; or
(b)
in any other case, with the consent of the Advocate
30
General for Northern Ireland.
(3)
In relation to any time before the coming into force of section
27(1) of the Justice (Northern Ireland) Act 2002, the reference in
subsection (2)(b) to the Advocate General for Northern Ireland
is to be read as a reference to the Attorney General for Northern
35
Ireland.”
(9)
In section 31(1) (interpretation), in the definition of “local authority” (as
substituted by section 33(4)), insert at the end “or
(c)
in relation to Scotland, a council constituted under section 2 of
the Local Government etc. (Scotland) Act 1994;”.
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(10)
In section 39 (offences by body corporate), insert at the end—
“(3)
Where an offence under this Act committed by a Scottish partnership is
proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, a partner, he as well as
the partnership commits the offence and shall be liable to be proceeded
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against and punished accordingly.”

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(11)
In section 45 (extent)—
(a)
in subsection (1) (provisions extending only to England and Wales), for
“Parts 1 and 2,” substitute “Part 1”, and
(b)
in subsection (2), (provisions extending to England and Wales,
Scotland and Northern Ireland), for “Sections” substitute “Part 2 and
5
sections”.
Information
36
Particulars to be included in vehicles register
(1)
Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle
licences) is amended as follows.
10
(2)
After subsection (1) insert—
“(1A)
The particulars which may be so specified include any particulars
which are required by regulations under section 22(1)(aa) to be
recorded on the register in the case of the vehicle for which the licence
is to be taken out; and the declarations and evidence which may be so
15
specified include declarations and evidence relating to any such
particulars.”
(3)
In subsection (5), before paragraph (a) insert—
“(za)
that the requirements imposed by this section in the case of the
vehicle specified in the application have been complied with,”.
20
(4)
Section 22 of that Act (registration regulations) is amended as follows.
(5)
In paragraph (a) of subsection (1) (provision with respect to registration), for
“(including, in particular, the form of and the particulars to be included in the
register of trade licences)” substitute “and trade licences”.
(6)
After that paragraph insert—
25
“(aa)
prescribe the form of, and the particulars to be included in, the
register of vehicles and the register of trade licences,”.
(7)
In paragraph (d) of that subsection (requirement on person by, through or to
whom vehicle is sold or disposed of to furnish particulars)—
(a)
after “person” insert “by whom any vehicle is kept or”,
30
(b)
for “furnish the particulars” substitute “make any such declarations
and furnish any such particulars and any such documentary or other
evidence as may be”, and
(c)
for “in the manner” substitute “and to do so at such times and in such
manner as may be”.
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(8)
In paragraph (h) of that subsection (new registration documents), for “or
inaccurate” substitute “or which have become inaccurate for any reason (in
particular by reason of a change in the person by whom the vehicle to which
they relate is being kept)”.
(9)
After subsection (1A) insert—
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“(1AA)
The particulars which may be required to be included in the register by
regulations under subsection (1)(aa), or to be furnished by regulations
under subsection (1)(d), in the case of a vehicle include—

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(a)
particulars relating to the vehicle, and
(b)
particulars relating to the person by whom the vehicle is kept;

and the declarations and evidence which may be required to be
furnished by regulations under subsection (1)(d) in the case of a vehicle
include declarations and evidence relating to such particulars.”
5
(10)
After subsection (1B) insert—
“(1BA)
Regulations under subsection (1)(e) and (h) may, in particular, provide
that registration documents, or new registration documents, need not
be issued in respect of a vehicle if particulars required in the case of the
vehicle by regulations under paragraph (d) have not been furnished.”
10
(11)
Section 45 of that Act (false or misleading declarations and information) is
amended as follows.
(12)
In subsection (1), after “misleading” insert “, or produces a document which to
his knowledge is false or in any material respect misleading,”.
(13)
In subsection (2A)—
15
(a)
after “statement” insert “or produces a document”, and
(b)
for “made in respect of a vehicle” substitute “made or produced”.
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Records of goods vehicle examinations
(1)
In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition
of goods vehicles and determination of plated weights etc.), after subsection (3)
20
insert—
“(3A)
The Secretary of State must maintain, or cause to be maintained,
records containing such particulars as he thinks fit of—
(a)
goods vehicles submitted for examination under this section,
and
25
(b)
the carrying out of and the results of the examinations.”
(2)
After that section insert—
“49A
Use of records of goods vehicle examinations, etc.
(1)
This section applies to—
(a)
the records maintained by the Secretary of State (or caused by
30
him to be maintained) under section 49(3A) of this Act, and
(b)
the records maintained by the Secretary of State in connection
with any functions exercisable by him under or by virtue of the
Vehicle Excise and Registration Act 1994.
(2)
The Secretary of State may use the information contained in records
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falling within either paragraph of subsection (1) above—
(a)
to check the accuracy of the records falling within the other
paragraph of that subsection, and
(b)
where appropriate, to amend or supplement information
contained in those records.
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(3)
The Secretary of State may also use the information contained in
records falling within paragraph (b) of that subsection for the purpose
of promoting compliance with section 53 of this Act.