House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament


S.C.A.

63

 
 

House of Commons

 
 

Thursday 3rd February 2005

 

Standing Committee Proceedings

 

Standing Committee A

 

Road Safety Bill


 

[Eighth and Ninth Sittings]


 

New Clauses

 

Alcohol-prescribed limits

 

Mr David Kidney

 

Mr Paul Stinchcombe

 

Withdrawn  NC1

 

To move the following Clause:—

 

‘(1)    

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

 

(2)    

In section 11(2) the meaning of “the prescribed limit” is amended as follows—

 

(a)    

in (a) leave out “35” and insert “22”;

 

(b)    

in (b) leave out “80” and insert “50”; and

 

(c)    

in (c) leave out “107” and insert “67”.

 

(3)    

In section 8(2) leave out “50” and insert “35”.’.

 


 

Driving under the influence of illegal drugs

 

Mr Christopher Chope

 

Mr Greg Knight

 

Mr David Wilshire

 

Mr Adrian Flook

 

Not called  NC2

 

To move the following Clause:—

 

‘A person who when driving or attempting to drive a mechanically propelled

 

vehicle on a road or other public place found to have traces of an illegal drug in

 

his body shall be guilty of an offence.’.

 



 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

64

 

Road Safety Bill, continued

 
 

Cycle lights

 

Mr Christopher Chope

 

Mr Greg Knight

 

Mr David Wilshire

 

Mr Adrian Flook

 

Withdrawn  NC3

 

To move the following Clause:—

 

‘A pedal cycle fitted with a flashing or pulsating light shall be deemed to satisfy

 

the lighting requirement if the Road Vehicle Lighting Regulations 1989.’.

 


 

Causing death or serious injury by negligent driving

 

Mr Paul Stinchcombe

 

Mrs Louise Ellman

 

Withdrawn  NC4

 

To move the following Clause:—

 

‘(1)    

The Road Traffic Act 1988 (c.52) is amended as follows. After section 2A

 

(Meaning of dangerous driving) insert—

 

“2B    

Causing death or injury by negligent driving

 

(1)    

A person who causes the death of or serious injury to another person by

 

driving a mechanically propelled vehicle negligently on a road or other

 

public place is guilty of an offence.

 

(2)    

A person is to be regarded as suffering serious injury if he suffers injury

 

that is life changing or life threatening or both.

 

2C      

Meaning of negligent driving

 

(1)    

A person is to be regarded as driving negligently if he drives without due

 

care and attention, or without reasonable consideration for other persons

 

using the road or place.”

 

(2)    

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

 


 

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c.53)

 

(prosecution and punishment of offences: offences under the Traffic Acts), after

 

the entry relating to section 2 of the Road Traffic Act 1988 insert a new entry—

 

RTA section

Causing

On

10 years or

Discretionary

Obligatory

3-11’

 
 

2B

death or

indictment

a fine or

    
  

serious

 

both

    
  

injury by

      
  

negligent

      
  

driving

      
 



 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

65

 

Road Safety Bill, continued

 
 

Duty to ensure safety and access needs

 

John Thurso

 

Richard Younger-Ross

 

Not selected  NC5

 

To move the following Clause:—

 

‘Network Rail and the appropriate highway authority shall be under a duty to

 

ensure the safety and access needs (including pedestrians, cyclists, equestrians

 

and people with mobility impairments). In carrying out this duty Network Rail

 

and the appropriate highway authority shall have regard to guidance issued by the

 

appropriate national authority.’.

 


 

National speed limit for villages

 

John Thurso

 

Richard Younger-Ross

 

Withdrawn  nc7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall by regulations made by statutory instrument establish

 

a national speed limit of 30 m.p.h for motor vehicles in villages.

 

(2)    

An instrument pursuant to subsection (1) shall be made not later than twelve

 

months after this Act has received Royal Assent.

 

(3)    

For the purposes of this section, “village” means a settlement of 20 or more

 

dwellings situated along not less than 600 metres of any highway.’.

 


 

Power to impose requirements on traffic authorities as regards protective equipment at

 

level crossings

 

John Thurso

 

Richard Younger-Ross

 

Withdrawn  NC8

 

To move the following Clause:—

 

‘(1)    

Section 1 of the Level Crossing Act 1983 (which enables the Secretary of State

 

to make orders as to safety arrangements at level crossings) is amended as

 

follows.

 

(2)    

In subsection (2), after paragraph (a), omit “and” and insert—

 

“(aa)    

may impose requirements on any relevant traffic authority as to

 

the provision, maintenance or operation of any such barriers or

 

other protective equipment, including the maintenance or

 

operation of equipment provided before the making of the order;

 

and.”

 

(3)    

In subsection (6)—

 

(a)    

for “the operator and to each local authority in whose area the level

 

crossing is situated” substitute—


 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

66

 

Road Safety Bill, continued

 
 

“(a)    

the operator;

 

(b)    

each local authority in whose area the level crossing is

 

situated; and

 

(c)    

in the case of a proposed order which includes a

 

provision under subsection (2)(aa) above, the relevant

 

traffic authority concerned,”; and

 

(b)    

for “or local authority” substitute “, local authority or relevant traffic

 

authority”.

 

(4)    

In subsection (8)—

 

(a)    

after “situated” insert “and, in the case of a proposed order which

 

includes a provision under subsection (2)(aa) above, the relevant traffic

 

authority concerned”; and

 

(b)    

in paragraph (b), after “local authority” insert “or the relevant traffic

 

authority concerned”.

 

(5)    

In subsection (11) (interpretation)—

 

(a)    

in the definition of “protective equipment”, after “television equipment”,

 

insert “, prescribed device within the meaning of section 20 of the Road

 

Traffic Act 1988 (devices for detection of road traffic offences),”

 

(b)    

after the definition of “protective equipment” insert—

 


 

“ ‘relevant traffic authority’ means a traffic authority in whose area all or

 

part of the level crossing in question is or is proposed to be situated or

 

any barriers or other protective equipment in question is or are situated or

 

is or are proposed to be situated;” and

 

(c)    

after the definition of “road” insert—

 


 

“ ‘road traffic authority’ has the same meaning as in the Road Traffic

 

Regulation Act 1984”.

 

(6)    

This section applies in relation to barriers and other protective equipment

 

provided before, as well as after, this section comes into force.’.

 


 

Development potentially affecting traffic over level crossings

 

John Thurso

 

Richard Younger-Ross

 

Not selected  NC9

 

To move the following Clause:—

 

‘The Secretary of State shall make provision by a development order under the

 

Town and Country Planning Act 1990 to secure that, in any case where proposed

 

development is likely to result in a material increase in the volume, or a material

 

change in the character of traffic, using a highway which is part of a highway

 

network which includes a level crossing over a railway situated within 15 miles

 

of the proposed development, the local planning authority shall be required to

 

consult the operator of the network which includes or consists of the railway in

 

question before granting planning permission for the development.’.

 



 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

67

 

Road Safety Bill, continued

 
 

Increase of penalties for failure to comply with traffic lights at level crossings

 

John Thurso

 

Richard Younger-Ross

 

Not called  NC10

 

To move the following Clause:—

 

‘(1)    

A person guilty of an offence under section 36(1) of the Road Traffic Act 1988

 

consisting of a failure to comply with a traffic sign placed at or near a level

 

crossing indicating that vehicular traffic is not to proceed over the level crossing

 

shall be liable on summary conviction to imprisonment for a term not exceeding

 

six months or to a fine of level 5 on the standard scale or to both and shall have

 

his licence endorsed with six penalty points.

 

(2)    

This section applies in relation to offences committed after the date on which this

 

Act comes into force.’.

 


 

Increase of penalties for careless or inconsiderate driving causing damage to a railway

 

or other bridge over a road

 

John Thurso

 

Richard Younger-Ross

 

Not called  NC11

 

To move the following Clause:—

 

‘(1)    

A person who causes damage to a railway or other bridge over a road by driving

 

a motor vehicle on a road or other public place without due care and attention, or

 

without reasonable consideration for other persons using the road or place, shall

 

be guilty of an offence and liable on summary conviction to imprisonment for a

 

term not exceeding six months or to a fine not exceeding level 5 on the standard

 

scale or to both and shall have his licence endorsed with not fewer than six

 

penalty points.

 

(2)    

This section applies in relation to offences committed after the date on which this

 

Act comes into force.’.

 


 

Measures to promote road safety at railway and other bridges

 

John Thurso

 

Richard Younger-Ross

 

Not called  NC12

 

To move the following Clause:—

 

‘In section 122(2) of the Road Traffic Regulation Act 1984 (which sets out the

 

matters to which local authorities must have regard in exercising their functions

 

under that Act), after paragraph (c) insert—

 

“(ca)    

the need to remove the risk of heavy commercial and other

 

vehicles from colliding with railway and other bridges crossing


 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

68

 

Road Safety Bill, continued

 
 

highways by installing warning devices and physical barriers on

 

the highways approaching such bridges;”.’.

 


 

Speed limits for vehicles of certain classes

 

Mr Christopher Chope

 

Mr Greg Knight

 

Mr David Wilshire

 

Withdrawn  NC14

 

To move the following Clause:—

 

‘In Schedule 6 to the Road Traffic Regulation Act 1984 (speed limits for vehicles

 

of certain classes), in section 5(2)(b)(iii), column (c) leave out “40” and insert

 

“50”.’.

 


 

Motorcycles in bus lanes

 

Mr Christopher Chope

 

Mr Greg Knight

 

Mr David Wilshire

 

Negatived on division  NC15

 

To move the following Clause:—

 

‘All bus lanes when buses are moving in the same direction as traffic in the

 

adjacent vehicle lane shall be open to use by motorcycles.’.

 


 

Road charging referendums

 

Mr Greg Knight

 

Mr Christopher Chope

 

Not moved  NC16

 

To move the following Clause:—

 

‘(1)    

No congestion or other road user charge or payment intended to be levied upon

 

the driver of a motor vehicle for using a specific road or entering a locality during

 

specified times shall be so levied in any part of the United Kingdom unless public

 

approval for such a charge has been obtained by the person or authority seeking

 

to introduce the same.


 
 

S.C.A.Standing Committee Proceedings: 3rd February 2005          

69

 

Road Safety Bill, continued

 
 

(2)    

In this section, “public approval” means obtaining the support of at least fifty per

 

cent. of those voting in a referendum held for this purpose in the local authority

 

area in which the road or roads intended to be subject to the charge is situated.’.

 


 

Amendment of Road Traffic Act 1988

 

John Thurso

 

Richard Younger-Ross

 

Withdrawn  NC19

 

To move the following Clause:—

 

‘The Road Traffic Act 1988 (c.52) is further amended, by inserting after section

 

80 (approval marks)

 

“80A Retro-reflective markings

 

The Secretary of State may by regulations made by statutory instrument require

 

the fitting of retro-reflective tape complying with ECE 104 to international

 

category vehicles N2 and N3 and on goods trailers under the international

 

classification 03 and 04 newly registered in the UK”.’.

 


 

Amendment of traffic signs regulations and general directions 2002

 

Mr Christopher Chope

 

Mr Greg Knight

 

Mr David Wilshire

 

Negatived on division  NC20

 

To move the following Clause:—

 

‘(1)    

The Traffic Signs Regulations and General Directions 2002 (S1/2002/3113) are

 

amended as follows­­.

 

(2)    

In paragraph 4, after the definition of “excursion or tour”, there is inserted­­­­­­­­­­­­­­­­­­—

 

“fixed speed camera” means a camera of a type approved by the Secretary of State

 

that is situated at a fixed site and that operates continuously or from time to time

 

for the purpose of monitoring the speed of road vehicles and securing compliance

 

with the speed limit in force at that site.

 

(3)    

After paragraph 58 there is inserted­—

 


 

“59. E   very fixed speed camera shall­­—

 

(a)    

be adequately illuminated during the hours of darkness and

 

(b)    

have affixed to it a clearly visible indication of the applicable speed

 

limit.”.’.

 



 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 7 February 2005