S.C.A.
Amendment Paper as at
Thursday 27th 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 [20th January 2005].
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
Mr Greg Knight
Mr David Wilshire
13
Clause 22, page 25, line 14, after 'vehicle', insert 'or pedal cycle'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
14
Clause 22, page 25, line 18, at end add 'or pedal cycle'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
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.'.
Mr Mark Fisher
73
*Clause 26, page 35, line 43, at end insert—
'(1A) In subsection (1) (tests of competence to drive), after the word "requirement", insert ", has received first aid training".
(1B) After subsection (1A) insert—
"(1B) An applicant shall be considered to have received first aid training if on the date the application for the licence is made he has received the training prescribed by virtue of subsection (3) below,".'.
Mr Mark Fisher
74
*Clause 26, page 36, line 4, at end insert 'and
| (c) | after paragraph (c) insert— |
| "(d) | the nature of the first aid training for the purposes of this section and section 36 of the Road Traffic Offenders Act 1988 and the administrative arrangements for receiving such training,".'. |
Mr David Jamieson
70
Clause 27, page 37, line 17, leave out subsection (6) and insert—
'(6) After subsection (13) insert—
"(13A) Before making an order under subsection (3) above the Secretary of State must consult with such representative organisations as he thinks fit.".'.
John Thurso
Richard Younger-Ross
69
Clause 29, page 38, line 21, leave out 'pays such fee (if any) as specified by the order, and (b)'.
John Thurso
Richard Younger-Ross
68
Clause 30, page 39, line 13, leave out subsection (1).
John Thurso
Richard Younger-Ross
72
*Clause 30, page 39, line 24, leave out 'that Act' and insert 'the Road Traffic Act 1988'.
Mr David Jamieson
32
Schedule 4, page 88, line 24, leave out '125A(3)' and insert '125A(7)'.
Mr David Jamieson
33
Schedule 4, page 88, line 26, leave out '125ZA(7) ' and insert '125ZA(3)'.
Mr Greg Knight
Mr Christopher Chope
67
Clause 34, page 40, line 38, at end add—
'(1C) Nothing contained herein or in any other statute shall prevent the manufacture, production, sale or display of any black and white registration plate or mark intended for display on a historic vehicle and which is in keeping with the style of registration plates produced when the said vehicle was manufactured.'.
Mr David Jamieson
50
Clause 40, page 46, line 18, at end insert—
| '(aa) | in subsection (3) (power to manage), after "picnic area" insert "(including, in particular, by enforcing controls on parking there and recovering the costs of doing so)",'. |
Mr David Jamieson
34
Schedule 5, page 102, line 9, leave out 'vehicle' and insert 'premises'.
Mr David Jamieson
63
Schedule 5, page 104, line 23, after 'section', insert 'consisting otherwise than in permitting an act or omission'.
Mr David Jamieson
64
Schedule 5, page 104, line 27, leave out from 'both' to end of line 30 and insert—
'(5) A person guilty of an offence under subsection (1) or (3) of this section consisting in permitting an act or omission is liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.
Mr David Jamieson
65
Schedule 5, page 104, line 48, leave out from 'exceeding' to end of line 1 on page 105 and insert 'level 5 on the standard scale.'.
John Thurso
Richard Younger-Ross
49
Clause 42, page 47, line 9, at end insert—
'(4A) In subsection 4, after paragraph (b) insert—
| (ba) | a requirement to fit 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".' |
Mr David Jamieson
71
Clause 45, page 47, line 44, at end insert—
'(1A) In section 105(5) of that Act (regulations: "the relevant provisions of the Road Traffic Offenders Act 1988"), after "34", insert ", 35".'.
Mr David Jamieson
66
Clause 50, page 49, line 31, leave out from beginning to 'only' in line 32 and insert—
'(1) Section 1 extends only to England and Wales.
(2) Sections 15 and 39 extend'.
NEW CLAUSES
Alcohol-prescribed limits
Mr David Kidney
Mr Paul Stinchcombe
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
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.'.
Cycle lights
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
Mr Adrian Flook
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
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—
'(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.'.
