S.C.A.
Amendment Paper as at
Tuesday 25th January 2005
STANDING COMMITTEE A
New Amendments handed in are marked thus *
ROAD SAFETY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee.
Mr Christopher Chope
25
Clause 7, page 5, line 3, leave out paragraph (c).
Mr Christopher Chope
26
Clause 7, page 5, line 6, leave out paragraph (e).
Mr Greg Knight
Mr Christopher Chope
45
Clause 7, page 5, line 6, leave out 'prescribed' and insert 'persons specifically prescribed by Parliament.'.
Mr David Jamieson
62
Clause 7, page 5, line 6, leave out 'prescribed persons' and insert 'persons pre-scribed in regulations made by the Secretary of State.
(3) The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument.
(4) A statutory instrument containing regulations made under subsection (2)(e) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr David Jamieson
30
Schedule 3, page 78, line 32, leave out '77(2)' and insert '77A(2)'.
Mr David Jamieson
31
Schedule 3, page 79, line 39, leave out '77(2)' and insert '77A(2)'.
Mr Christopher Chope
23
Clause 10, page 9, line 10, at end insert—
'(Za) that the motor vehicle is not registered in Great Britain or Northern Ireland.'.
Mr Christopher Chope
24
Clause 10, page 9, line 12, at end insert—
| '(aa) | the person committing the offence is not normally resident in the United Kingdom and'. |
Mr Greg Knight
Mr Christopher Chope
46
Clause 10, page 9, line 23, leave out 'United Kingdom' and insert 'European Union'.
Mr Greg Knight
Mr Christopher Chope
47
Clause 10, page 12, line 23, at end insert 'provided that such direction is reasonable in the circumstances and does not result in or require the person so directed to pay any costs fees or expenses to any third party as a direct consequence of the direction.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
53
Clause 11, page 14, line 7, at end insert—
'(4A) Leave out subsection (1)(a) and insert—
| "(1) | to provide two specimens of breath for analysis by means of a device approved by the Secretary of State and operated by a trained operative in accordance with the manufacturer's instructions.".'. |
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
54
Clause 11, page 14, line 20, at end insert—
"(2AA) For the purposes of this section a breath test shall not be relevant if it is administered within 20 minutes of alcohol having been consumed or would have been so administered but for a failure to co-operate with it.".
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
55
Clause 11, page 14, line 20, at end insert—
"(2AA) For the purposes of this section a breath test shall not be relevant unless the bag was inflated in not less than 10 seconds and not more than 20 seconds.".
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
56
Clause 11, page 15, line 3, at end insert—
'(6A) In section 8 of the Act (choice of specimens of breath), leave out subsection (2) and insert—
"(2) If the specimen with the lower proportion of alcohol contains no more than 50 microgrammes of alcohol in 100 millilitres of breath the person who provided it shall be asked by a constable if he wishes it to be replaced by such specimen as may be required under section 7(4) of this Act and if he then provides such a specimen neither specimen of breath shall be used.".'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
57
Clause 14, page 17, line 17, leave out paragraph (a).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
58
Clause 14, page 17, line 40, leave out '9' and insert '30'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
59
Clause 14, page 18, line 14, at beginning insert 'without reasonable excuse to comply with a reasonable requirement.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
60
Clause 15, page 21, line 35, leave out from '2010' to end of line 37.
Mr David Kidney
3
Clause 16, page 22, line 29, leave out '2-6' and insert '3-6'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
28
Clause 16, page 22, line 29, leave out '2-6' and insert '1-5'.
Mr David Kidney
4
Clause 16, page 22, line 33, leave out '2-6' and insert '3-6'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
29
Clause 16, page 22, line 33, leave out '2-6' and insert '1-5'.
John Thurso
Richard Younger-Ross
37
Clause 16, page 22, line 33, leave out from '2' until end and insert—
'3-6 or appropriate penalty points (fixed penalty) if committed in respect of a speed limit on a restricted road; 2-6 or appropriate penalty points (fixed penalty) in any other case.
(c) "restricted road" in susection (b) means a road defined as restricted in section 82 of the Road Traffic Act 1984 (c. 27).'.
Mr David Kidney
5
Clause 16, page 22, line 34, at end add 'if committed in respect of a speed limit on a restricted road; 2-6 or appropriate penalty points (fixed penalty) in any other case, and
| (c) | "restricted road" in paragraph (b) means a road defined as restricted in section 82 of the Road Traffic Act 1984 (c. 27).'. |
Mr Christopher Chope
22
Clause 17, page 22, line 43, leave out 'detect, or'.
John Thurso
Richard Younger-Ross
39
Clause 17, page 22, line 46, leave out 'detected' and insert 'provide information about the location of'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
61
Clause 17, page 23, line 12, at end insert—
'(2) All permanent speed assessment equipment shall be properly illuminated during the hours of darkness and shall include a clearly visible indication of the applicable speed limit.".'.
Mr Greg Knight
Mr Christopher Chope
41
Clause 18, page 24, line 1, at end insert—
'( ) Section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire, ambulance and police vehicles from speed limits) is to be entitled "(exemption of fire, ambulance, police and military vehicles from speed limits)".'.
Mr Greg Knight
Mr Christopher Chope
42
Clause 18, page 24, line 2, leave out 'Road Traffic Regulation Act 1984 (c.27)' and insert 'that Act'.
Mr Greg Knight
Mr Christopher Chope
43
Clause 18, page 24, line 5, after '(a)', insert ', after "ambulance" insert ", military".'.
Mr Greg Knight
Mr Christopher Chope
44
Clause 18, page 24, line 9, at end insert 'or
| (ba) | if a serving officer of Her Majesty's Armed Forces has certified in writing within 28 days of the date of any breach of the speed limit that the vehicle was being used for military purposes in the line of duty, or'. |
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
52
Clause 19, page 24, line 23, leave out 'level 5' and insert '"level 5, when the offence involved a collision resulting in death or serious injury and in all other cases level 4".'.
Mr Greg Knight
Mr Christopher Chope
36
Clause 21, page 24, line 39, at end insert 'and the offender was not an employee driving a vehicle owned by his employer in connection with his employment.'.
Mr Christopher Chope
13
Clause 22, page 25, line 24, after 'vehicle', insert 'or pedal cycle'.
Mr Christopher Chope
14
Clause 22, page 25, line 18, at end add 'or pedal cycle'.
Mr Christopher Chope
15
Clause 22, page 25, line 23, at end insert 'except in circumstances where a motor vehicle is stationary and the engine is switched off.'.
Mr Greg Knight
Mr Christopher Chope
48
Clause 23, page 26, line 31, leave out '6' and insert '3 to 6.'.
