Road Safety Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Road Safety Bill

Road Safety Bill
Schedule 4 — Driving instruction
96

25
For section 141A (meaning of “motor car”) substitute—
“141A
Interpretation of Part 5
(1)
For the purposes of this Part of this Act persons may carry on
business in the provision of driving instruction in any way,
including in particular—
5
(a)
by giving instruction themselves,
(b)
by arranging for the giving of driving instruction by their
employees, or
(c)
by arranging for the giving of driving instruction by persons
who are franchisees under driving instruction franchises
10
under which they are the franchisor.
(2)
In this Part of this Act a “driving instruction franchise” is an
agreement under which one party (the “franchisor”) grants to
another party (a “franchisee”) rights consisting of or including the
right to use a particular trading name, style or design in the carrying
15
on of business in the giving of driving instruction.
(3)
In this Part of this Act references to “the franchisor” and “a
franchisee”, in relation to a driving instruction franchise, shall be
construed accordingly.
(4)
In this Part of this Act “current”, in relation to a licence or certificate,
20
means one which has not expired and has not been cancelled,
revoked or suspended.
(5)
In this Part of this Act—
(a)
“Community licence” and “counterpart”, in relation to a
Community licence, and
25
(b)
“provisional licence”,

have the same meanings as in Part 3 of this Act.”
26
For section 142 substitute—
“142
Index to Part 5
The expressions listed in the left-hand column below are respectively
30
defined or (as the case may be) fall to be construed in accordance
with the provisions of this Part of this Act listed in the right-hand
column in relation to those expressions.

Expression
Relevant provision

Appropriate motor vehicle
Section 125A(8)

35

Carry on business in the provision of
Section 141A(1)

driving instruction

Community licence and counterpart
Section 141A(5)

Current (in relation to a licence or
Section 141A(4)

certificate)

40

Road Safety Bill
Schedule 4 — Driving instruction
97

Expression
Relevant provision

Disability, prospective disability and
Section 125A(8)

relevant disability

Disabled person’s limited driving
Section 125A(8)

licence

5

Driving instruction
Section 123(3)

Driving instruction franchise (and
Section 141A(2) and (3)

franchisor and franchisee)

Emergency control assessment and
Section 125A(8)

emergency control certificate

10

Modifications, in relation to a motor
Section 125A(8)

vehicle

Paid instruction
Section 123(5) and (6)

Provisional licence
Section 141A(1)

Registered and registration
Section 123(7)

15

The register
Section 123(8)

Registered disabled instructor
Section 125A(8)

The Registrar
Section 125(2)

Regulations
Section 141

Relevant instructor examination
Section 133(2)”

20

27
In section 183 (application to Crown), after subsection (6) insert—
“(6A)
The Secretary of State may by regulations provide that Part 5 of this
Act is to apply in relation to persons in the public service of the
Crown but subject to any prescribed omissions, additions or other
modifications.”
25
28
In section 195(2) (duty to consult before making regulations under any
provision other than section 8(3) and Part 5), omit “or Part 5”.
Road Traffic Offenders Act 1988 (c. 53)
29    (1)
Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences) is amended as follows.
30
      (2)
In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—
(a)
in column 1, for “123(4)” substitute “123A(1) and (2)”, and
(b)
in column 2, for “by unregistered and unlicensed persons or their
employers” substitute “, and carrying on of business in provision of
driving instruction, by unregistered persons”.
35
      (3)
In the entry relating to section 123(6) of that Act—
(a)
in column 1, for “123(6)” substitute “123A(4)”, and

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
98

(b)
in column 2, for “without there being exhibited in the motor car a
certificate of registration or a licence under RTA Part 5” substitute “,
and carrying on of business in provision of driving instruction,
without prescribed requirements relating to displaying of evidence
of registration under RTA Part 5 being complied with”.
5
      (4)
In the entry relating to section 133C(4), in column 2, omit “or licensed”.
      (5)
In the entry relating to section 133D, in column 2, omit “or their employers”.
      (6)
In the entry relating to section 135, for the words in column 2 substitute
“Misuse of evidence of registration etc.”.
      (7)
In the entries relating to sections 136 and 137, in column 2, for “or licence”
10
substitute “etc.”.
Schedule 5
Section 41

Drivers’ hours: enforcement
Transport Act 1968 (c. 73)
1
Part 6 of the Transport Act 1968 (drivers’ hours) is amended as follows.
15
2     (1)
Section 97 (installation and use of recording equipment) is amended as
follows.
      (2)
In subsection (1)(a)(ii), for “Annexes I and II” substitute “the relevant
Annexes”.
      (3)
In subsection (2), for “Annexes I and II of” substitute “the relevant Annexes
20
to”.
      (4)
Subsection (7) is amended as follows.
      (5)
In the definition of “the Community Recording Equipment Regulation”, at
the end of paragraph (c) insert—
“(d)
Commission Regulation (EC) 1056/97;
25
(e)
Article 1 of Commission Regulation (EC) 2135/98;
(f)
Commission Regulation (EC) 1360/2002;
(h)
Commission Regulation (EC) 432/2004; and
(i)
any regulations adopted in accordance with the
procedure laid down in Article 18 to the Community
30
Recording Equipment Regulation making
amendments necessary to adapt the Annexes to that
Regulation to technical progress;”.
      (6)
At the end insert—
“the relevant Annexes” to the Community Recording Equipment
35
Regulation—
(a)
in the case of a vehicle put into service for the first time before
the date specified in an order made by the Secretary of State
means—
(i)
either Annex I or Annex IB to that Regulation; and
40
(ii)
Annex II to that Regulation; and

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
99

(b)
in the case of a vehicle put into service for the first time on or
after that date means—
(i)
Annex IB to that Regulation; and
(ii)
Annex II to that Regulation.”
3
In section 98(2A) (written records), for “in relation to which subsection (1)(b)
5
of that section has come into force” substitute “which is installed with
recording equipment complying with the relevant Annexes (within the
meaning of that section)”.
4
For section 99 (inspection of records and other documents) substitute—
“99ZA
Inspection of records and other documents and data
10
(1)
An officer may, on production if so required of his authority, require
any person to produce, and permit him to inspect, remove, retain
and copy—
(a)
any book or register which that person is required by
regulations under section 98 of this Act to carry or have in his
15
possession for the purpose of making in it any entry required
by those regulations or which is required under those
regulations to be carried on any vehicle of which that person
is the driver;
(b)
any book or register which that person is required by
20
regulations under section 98 of this Act to preserve;
(c)
if that person is the owner of a vehicle to which this Part of
this Act applies, any other document of that person which the
officer may reasonably require to inspect for the purpose of
ascertaining whether the provisions of this Part of this Act or
25
of regulations made under it have been complied with;
(d)
any record sheet or hard copy of electronically stored data
which that person is required by the Community Recording
Equipment Regulation to retain or to be able to produce;
(e)
any book, register or other document required by the
30
applicable Community Rules or which the officer may
reasonably require to inspect for the purpose of ascertaining
whether the requirements of the applicable Community rules
have been complied with.
(2)
An officer may, on production if so required of his authority, require
35
any person—
(a)
to produce and permit him to inspect any driver card which
that person is required by Article 15(7) of the Community
Recording Equipment Regulation to be able to produce; and
(b)
to permit the officer to copy the data stored on the driver card
40
(and to temporarily remove the driver card if necessary for
the purpose of doing so) and to remove and retain the copy.
(3)
If the officer so requires by notice in writing, anything that a person
is required to produce under subsection (1) or (2) of this section shall,
instead of being produced when the requirement under those
45
subsections is imposed, be produced at an address specified in the
notice, within such time (not being less than ten days) from the
service of the notice as is so specified.

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Schedule 5 — Drivers’ hours: enforcement
100

(4)
Where a notice is served under subsection (3) of this section, the
officer may exercise his powers under this section at the place
specified in the notice.
(5)
The powers conferred by this Part of this Act on an officer shall be
exercisable also by a constable, who shall not, if wearing uniform, be
5
required to produce his authority to exercise them.
(6)
In this Part of this Act any reference to copying data stored on a
driver card or on digital recording equipment includes a reference to
making a hard copy or an electronic copy of the data (and any
reference to copies of data shall be construed accordingly).
10
(7)
In this Part of this Act—
“digital recording equipment” means recording equipment that
complies with Annex IB to the Community Recording
Equipment Regulation;
“driver card” has the meaning given in that Annex;
15
“electronic copy” of data means a copy of data stored
electronically together with the data’s digital signature
(within the meaning of that Annex);
“hard copy” in relation to data stored electronically means a
printed out version of the data;
20
“officer” means an examiner appointed under section 66A of the
Road Traffic Act 1988 and any person authorised for the
purposes of this Part by the traffic commissioner for any area.
99ZB
Power of entry
(1)
An officer may, on production if so required of his authority, at any
25
time enter any vehicle to which this Part of this Act applies in order
to inspect that vehicle and any recording equipment in or on it.
(2)
Where any officer enters any vehicle under subsection (1) of this
section he may—
(a)
inspect, remove, retain and copy any record sheet that he
30
finds there on which a record has been produced by means of
analogue recording equipment or on which an entry has been
made;
(b)
inspect, remove, retain and copy any hard copy of data that
he finds there which was stored on any digital recording
35
equipment or on a driver card;
(c)
inspect, remove, retain and copy any other document that he
finds there which the officer may reasonably require to
inspect for the purpose of ascertaining whether the
requirements of the applicable Community rules have been
40
complied with;
(d)
inspect any driver card that he finds there, copy the data
stored on it (using any digital recording equipment in or on
the vehicle or temporarily removing the driver card for the
purpose of copying the data) and remove and retain the copy;
45
(e)
copy data stored on any digital recording equipment that is
in or on the vehicle and remove and retain that copy;

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Schedule 5 — Drivers’ hours: enforcement
101

(f)
inspect any recording equipment that is in or on the vehicle
and if necessary for the purposes of the inspection, remove it
from the vehicle;
(g)
retain the recording equipment as evidence if he finds that it
has been interfered with;
5
(h)
inspect the vehicle for the purpose of ascertaining whether
there is in or on the vehicle any device which is capable of
interfering with the proper operation of any recording
equipment in or on the vehicle;
(i)
inspect any such device and if necessary for the purpose of
10
the inspection, remove it from the vehicle;
(j)
retain the device as evidence if he finds that it is capable of
interfering with the proper operation of the recording
equipment.
(3)
Where any officer who is an examiner appointed under section 66A
15
of the Road Traffic Act 1988, or any constable, enters any vehicle
under subsection (1) of this section, he may, if he has reason to
believe that—
(a)
any recording equipment in or on the vehicle has been
interfered with so as to affect its proper operation, or
20
(b)
there is in or on the vehicle any device which is capable of
interfering with the proper operation of any recording
equipment in or on the vehicle,

require the driver or operator of the vehicle to take it to an address
specified by the officer for the purposes of enabling an inspection of
25
the recording equipment, the vehicle or any device in or on it to be
carried out.
(4)
An officer may, on production if so required of his authority, at any
time which is reasonable having regard to the circumstances of the
case, enter any premises on which he has reason to believe that—
30
(a)
a vehicle to which this Part applies is kept;
(b)
any such document as is mentioned in section 99ZA(1) of this
Act is to be found;
(c)
any driver card or copy of data previously stored on a driver
card or on recording equipment is to be found; or
35
(d)
any digital recording equipment is to be found.
(5)
Where any officer enters any premises under subsection (4) of this
section he may—
(a)
inspect any vehicle which he finds there;
(b)
inspect, remove, retain and copy any such document as is
40
mentioned in section 99ZA(1) of this Act that he finds there;
(c)
make a copy of any such copy of data as is mentioned in
subsection (4)(c) of this section that he finds there, and
remove and retain the copies he makes;
(d)
inspect any driver card that he finds there, copy the data
45
stored on it (using any digital recording equipment on the
premises or temporarily removing the driver card for the
purpose of copying the data) and remove and retain the copy;
(e)
copy data stored on any digital recording equipment he finds
there and remove and retain that copy;
50

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
102

(f)
inspect any recording equipment that he finds there and, if
necessary for the purposes of the inspection, remove it from
the premises;
(g)
retain any such recording equipment as evidence if he finds
that it has been interfered with;
5
(h)
inspect any device that he finds there which is capable of
interfering with the proper operation of any recording
equipment and, if necessary for the purpose of the inspection,
remove it from the vehicle;
(i)
retain any such device as evidence if he finds that it is capable
10
of interfering with the proper operation of recording
equipment.
(6)
For the purpose of—
(a)
exercising any of his powers under this section in relation to
a vehicle or anything found in or on a vehicle, or
15
(b)
exercising any of his powers under section 99ZA(1) or (2) of
this Act in respect of a document or driver card carried by the
driver of a vehicle,

an officer may detain the vehicle during such time as is required for
the exercise of that power.
20
(7)
If—
(a)
at the time when a requirement is imposed under subsection
(3) of this section the vehicle is more than five miles from the
address specified by the officer to which the vehicle is to be
taken; and
25
(b)
the Community Recording Equipment Regulation is found
not to have been contravened in relation to the recording
equipment, the vehicle or any device in or on it;

the relevant person must pay, in respect of loss occasioned, such
amount as in default of agreement may be determined by a single
30
arbitrator (in Scotland, arbiter) agreed upon by the parties or, in
default of agreement, appointed by the Secretary of State.
(8)
In subsection (7) of this section “the relevant person” means—
(a)
if the requirement was imposed by an examiner appointed
under section 66A of the Road Traffic Act 1988, the Secretary
35
of State, and
(b)
if the requirement was imposed by a constable, the chief
officer of police for the police area in which the requirement
was imposed.
(9)
In this Part of this Act “analogue recording equipment” means
40
recording equipment that complies with Annex I to the Community
Recording Equipment Regulation.
99ZC
Sections 99ZA and 99ZB: supplementary
(1)
Where an officer makes any hard copy of data stored on a driver card
or on recording equipment under section 99ZA or 99ZB of this Act
45
he may require a person to sign the hard copy (if necessary with
manual corrections) to confirm that it is a true and complete record
of the period covered by it.