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Road Safety Bill


Road Safety Bill

45

 

(4)   

This section does not limit any powers of the Secretary of State apart

from this section.”

(3)   

In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle

identity checks), after “45(6B)” insert “or 49(3A)”.

38      

Disclosure to foreign authorities of licensing and registration information

5

(1)   

The Secretary of State may make any information held by him (in any form) for

the purposes of—

(a)   

Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of

vehicles), or

(b)   

Part 2 of the Vehicle Excise and Registration Act 1994 (registration of

10

vehicles),

   

available to the authorities of any country or territory outside the United

Kingdom with responsibility under the law of that country or territory for the

regulation of drivers or vehicles for use by them in the discharge of that

responsibility.

15

(2)   

The Department of the Environment may make any information held by it (in

any form) for the purposes of—

(a)   

Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154

(N.I. 1)) (licensing of drivers of vehicles), or

(b)   

Articles 70 to 79 of that Order (licensing of drivers of large goods

20

vehicles and passenger-carrying vehicles),

   

available to the authorities of any country or territory outside the United

Kingdom with responsibility under the law of that country or territory for the

regulation of drivers or vehicles for use by them in the discharge of that

responsibility.

25

39      

Disclosure of information about insurance status of vehicles

(1)   

The Secretary of State may by regulations make provision for and in

connection with requiring MIIC to make available relevant vehicle insurance

information to PITO for it to process with a view to making the processed

information available for use by constables.

30

(2)   

“Relevant vehicle insurance information” means information relating to

vehicles the use of which has been (but no longer is) insured under a policy of

insurance, or security in respect of third party risks, complying with the

requirements of Part 6 of the Road Traffic Act 1988.

(3)   

The regulations may in particular—

35

(a)   

require all relevant vehicle insurance information or any particular

description of such information to be made available to PITO,

(b)   

determine the purposes for which information processed from such

information by PITO may be made available for use by constables, and

(c)   

determine the circumstances in which any of the processed information

40

which has been made available for use by constables may be further

disclosed by them.

(4)   

In this section—

“information” means information held in any form,

 
 

Road Safety Bill

46

 

“MIIC” means the Motor Insurers’ Information Centre (a company

limited by guarantee and incorporated under the Companies Act 1985

(c. 6) on 8th December 1998), and

“PITO” means the Police Information Technology Organisation.

(5)   

Regulations under this section—

5

(a)   

may make different provision for different purposes, and

(b)   

may contain any incidental or supplementary provision which appears

appropriate.

(6)   

The power to make regulations under this section is exercisable by statutory

instrument; and a statutory instrument containing regulations under this

10

section is subject to annulment in pursuance of a resolution of either House of

Parliament.

Miscellaneous

40      

Motorway picnic areas etc.

In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and

15

public conveniences for users of trunk roads), omit—

(a)   

in subsection (1) (power to provide trunk road picnic areas), “that is not

a special road”,

(b)   

in subsection (4) (power to make arrangements for the provision of

conveniences, facilities, meals or refreshments with anyone other than

20

a council), “, other than a council,”, and

(c)   

in subsection (5) (power to provide conveniences), “that is not a special

road”.

41      

Drivers’ hours

Schedule 5 contains amendments about the enforcement of the provisions

25

about drivers’ hours.

42      

Vehicles modified to run on fuel stored under pressure

(1)   

The Road Traffic Act 1988 (c. 52) is amended as follows.

(2)   

Section 41 (regulation of construction, weight, equipment and use of vehicles)

is amended as follows.

30

(3)   

In subsection (2), after paragraph (b) insert—

“(ba)   

the modification of motor vehicles to enable them to be

propelled using fuel stored under pressure,”.

(4)   

After that subsection insert—

“(2A)   

Regulations under this section with respect to the modification of

35

motor vehicles to enable them to be propelled using fuel stored under

pressure may include provision—

(a)   

as to the examination, by persons authorised in accordance with

regulations, of motor vehicles that have been so modified, the

issuing of certificates by them in respect of such vehicles and the

40

making of charges by them,

 
 

Road Safety Bill

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(b)   

requiring authorised persons to notify the Secretary of State of

any such examinations carried out by them,

(c)   

as to appeals against any decision by an authorised person not

to issue a certificate,

(d)   

as to applications to the Secretary of State for authorisation and

5

charges in connection with them,

(e)   

imposing or providing for the imposition of conditions to be

complied with by authorised persons,

(f)   

as to the withdrawal of authorisations.”

(5)   

In section 66 (regulations prohibiting the grant of excise licences for certain

10

vehicles except on compliance with certain conditions), after subsection (7)

insert—

“(7A)   

The Secretary of State may by regulations provide, in relation to

vehicles required to be examined and certified by regulations under

section 41(2A)(a) of this Act, that the first licence for such a vehicle

15

under the Vehicle Excise and Registration Act 1994 for a period after the

requirement applies to the vehicle is to be granted only if evidence is

provided that a certificate has been issued in accordance with those

regulations.”

43      

Powers to regulate transport of radioactive material

20

(1)   

Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27)

(regulations for preventing injury or damage from transport by road of

radioactive material) is amended as follows.

(2)   

In subsection (2), for paragraph (d) and the word “and” before it substitute—

“(d)   

the keeping of records and the production, inspection, removal,

25

retention and copying of records and other documents,

(e)   

the provision of information and the answering of questions

(including the making of declarations as to the truth of answers

and their admissibility in evidence), and

(f)   

the provision of facilities and assistance in connection with the

30

carrying out of functions conferred by the regulations.”

(3)   

In subsection (3), before paragraph (a) insert—

“(za)   

make provision for the imposition of requirements by

inspectors and examiners;”.

(4)   

In subsection (4), after “with any” insert “requirement imposed by or by virtue

35

of”.

44      

Private hire vehicles in London

In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire

Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service

vehicle, seating fewer than nine passengers made available with a driver to the

40

public for hire to carry passengers), omit “to the public”.

45      

Minor corrections

(1)   

In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement

to hold driving licence), after “any class” insert “at any time”.

 
 

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(2)   

In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of

endorsement)—

(a)   

in subsection (6), for “that Act” substitute “the Road Traffic Act 1988”,

and

(b)   

in subsection (7)(a), at the beginning insert “under”.

5

(3)   

In section 79(1) of that Act (statements by constables), for “54(3)” substitute

“54(4)”.

(4)   

In section 90 of that Act (index of expressions)—

(a)   

in the entry relating to the expression “conditional offer”, for “75(3)”

substitute “75(5)”, and

10

(b)   

in the entry relating to “fixed penalty clerk”, for “75(4)” substitute

“75(6)”.

Supplementary

46      

Repeals and revocations

Schedule 6 contains repeals and revocations (including repeals of some spent

15

enactments).

47      

Power to make amendments

(1)   

The Secretary of State may by order make such amendments (including repeals

and revocations) as may appear appropriate in consequence of any provision

contained in this Act—

20

(a)   

in any enactment contained in an Act passed, and

(b)   

in any instrument made,

   

before, or in the same Session as that in which, the provision comes into force.

(2)   

An order under subsection (1) may include any appropriate transitional

provisions or savings.

25

(3)   

The power to make an order under subsection (1) is exercisable by statutory

instrument.

(4)   

No order shall be made under subsection (1) unless a draft of the order has

been laid before, and approved by a resolution of, each House of Parliament.

48      

Commencement

30

(1)   

The preceding provisions of this Act come into force on such day as the

Secretary of State may by order made by statutory instrument appoint (but

subject to subsection (5) to (7)).

(2)   

Different days may be appointed for different purposes.

(3)   

Any provision of this Act which alters any penalty for an offence has effect only

35

in relation to offences committed after the coming into force of the provision.

(4)   

The Secretary of State may by order made by statutory instrument make such

transitional provisions and savings as he considers appropriate in connection

with the coming into force of any provision of this Act.

 
 

Road Safety Bill

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(5)   

The following provisions come into force at the end of the period of two

months beginning with the day on which this Act is passed—

(a)   

section 1,

(b)   

section 38, and

(c)   

section 41 and Schedule 5 and the repeals contained in Schedule 6

5

under the heading “Drivers’ hours” (and section 46 so far as relating to

them).

(6)   

The day on which sections 7 and 8 and Schedule 2 (and the repeals contained

in Schedule 6 under the heading “Endorsement: unlicensed and foreign

drivers”) come into force must be—

10

(a)   

later than the day on which section 4 and Schedule 1 (and the repeals

contained in Schedule 6 under the heading “Giving of fixed penalty

notices by vehicle examiners”) come into force, but

(b)   

earlier than the day on which section 9 and Schedule 3 (and the repeals

contained in Schedule 6 under the heading “Endorsement: all drivers”)

15

come into force.

(7)   

Sections 45 and 47, and the repeals contained in Schedule 6 under the heading

“Spent enactments” (and section 46 so far as relating to them), come into force

on the day on which this Act is passed.

(8)   

Any power to make an order or regulations which is conferred by any

20

provision of this Act may be exercised at any time after the passing of this Act.

49      

Financial provision

(1)   

There is to be paid out of money provided by Parliament

(a)   

any expenditure incurred by the Secretary of State in consequence of this Act,

and

25

(b)   

any increase attributable to this Act in the sums payable out of money so

provided by virtue of any other Act.

(2)   

Sums received by the Secretary of State under this Act are to be paid into the

Consolidated Fund.

50      

Extent

30

(1)   

Sections 1 and 39 extend only to England and Wales.

(2)   

Section 15 extends only to England and Wales and Scotland.

(3)   

Section 38(2) extends only to Northern Ireland.

(4)   

Apart from the amendments made by sections 1 and 35, the amendments (and

repeals and revocations) made by this Act have the same extent as the

35

enactments and instruments amended (or repealed or revoked).

51      

Short title

This Act may be cited as the Road Safety Act 2005.

 
 

 
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Revised 30 November 2004