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Index of Amendments

S.C.A.

Amendment Paper as at
Thursday 3rd February 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].

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—

RTA section 2BCausing death or serious injury by negligent drivingOn indictment10 years or a fine or bothDiscretionaryObligatory3-11'


Duty to ensure safety and access needs

   

John Thurso
Richard Younger-Ross

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

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

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—

          "(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

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.'.


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

   

John Thurso
Richard Younger-Ross

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

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

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 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 KnightMr David Wilshire

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".'.



 
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