Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE A]
To
make provision about road traffic, registration plates, vehicle and driver
information, trunk road picnic areas and private hire vehicles.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Grants towards costs of road safety measures
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Road safety grants
For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise
promotion of road safety by bodies other than local authorities) substitute—
“40
Road safety grants
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(1)
A national transport authority may make payments to any local
authority or any other authority or body for meeting the whole or part
of the capital or running costs of any measures for promoting road
safety.
(2)
A “national transport authority” means—
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(a)
the Secretary of State acting with the approval of the Treasury,
or
(b)
the National Assembly for Wales.”
Fixed penalties
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Graduated fixed penalties
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(1)
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

Bill 54 53/4

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(2)
In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—
“(2)
Any order made under subsection (1)(a) above in relation to an offence
may make provision for the fixed penalty for the offence to be different
depending on the circumstances, including (in particular)—
(a)
the nature of the contravention or failure constituting the
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offence,
(b)
how serious it is,
(c)
the area, or sort of place, where it takes place, and
(d)
whether the offender appears to have committed any offence or
offences of a description specified in the order during a period
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so specified.”
(3)
In section 84(2) (regulations about surcharge notices), for paragraphs (b) and
(c) substitute “and
(b)
the amount of the penalty stated in the offer is less than the fixed
penalty applicable in the circumstances,”.
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3
Graduated fixed penalty points
(1)
Section 28 of the Road Traffic Offenders Act 1988 (c. 53) (penalty points to be
attributed to an offence) is amended as follows.
(2)
For subsection (3) substitute—
“(3)
For the purposes of sections 57(5) and 77(5) of this Act, the number of
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penalty points to be attributed to an offence is—
(a)
where both a range of numbers and a number followed by the
words “(fixed penalty)” is shown in the last column of Part 1 of
Schedule 2 to this Act in relation to the offence, that number,
(b)
where a range of numbers followed by the words “or
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appropriate penalty points (fixed penalty)” is shown there in
relation to the offence, the appropriate number of penalty
points for the offence, and
(c)
where only a range of numbers is shown there in relation to the
offence, the lowest number in the range.
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(3A)
For the purposes of subsection (3)(b) above the appropriate number of
penalty points for an offence is such number of penalty points as the
Secretary of State may by order made by statutory instrument
prescribe.
(3B)
An order made under subsection (3A) above in relation to an offence
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may make provision for the appropriate number of penalty points for
the offence to be different depending on the circumstances, including
(in particular)—
(a)
the nature of the contravention or failure constituting the
offence,
40
(b)
how serious it is,
(c)
the area, or sort of place, where it takes place, and
(d)
whether the offender appears to have committed any offence or
offences of a description specified in the order during a period
so specified.”
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(3)
In subsection (7), in paragraph (b), after “penalty)” insert “or the words “or
appropriate penalty points (fixed penalty)””.
(4)
Before the word “and” at the end of that paragraph insert—
“(ba)
substitute the words “or appropriate penalty points (fixed
penalty)” for a number together with the words “(fixed
5
penalty)”, or substitute a number together with the words
“(fixed penalty)” for the words “or appropriate penalty points
(fixed penalty)”, in relation to an offence in the last column of
Part 1 or 2,”.
(5)
After subsection (8) insert—
10
“(8A)
Before making any order under subsection (3A) above the Secretary of
State must consult with such representative organisations as he thinks
fit.”
(6)
In subsection (9), for “subsection (7) above” substitute “this section”.
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Giving of fixed penalty notices by vehicle examiners
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Schedule 1 contains provision about the giving of fixed penalty notices by
vehicle examiners and connected matters.
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Goods vehicles operator licensing
(1)
The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as
follows.
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(2)
In subsection (1) of section 9 (duty of applicant for operator’s licence to notify
traffic commissioner of notifiable conviction subsequent to making of
application), insert at the end “or there is issued a notifiable fixed penalty
notice within the meaning given in paragraph 7 of that Schedule.”
(3)
In subsection (3)(b) of that section (offence of failing to notify conviction of
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transport manager), insert at the end “or the issue to the transport manager of
a fixed penalty notice or conditional offer under Part 3 of the Road Traffic
Offenders Act 1988 in respect of such an offence.”
(4)
In subsection (1) of section 26 (revocation, suspension and curtailment of
operators’ licences), after paragraph (c) insert—
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“(ca)
that during those five years a fixed penalty notice or conditional
offer has been issued under Part 3 of the Road Traffic Offenders
Act 1988 to the licence-holder in respect of an offence within
sub-paragraph (i) of paragraph (c) or to a servant or agent of the
licence-holder in respect of an offence within sub-paragraph (ii)
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of that paragraph;”.
(5)
In paragraph (d) of that subsection, insert at the end “or an issue of a fixed
penalty notice or conditional offer under Part 3 of the Road Traffic Offenders
Act 1988 to the licence-holder or a servant or agent of his in respect of such an
offence;”.
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(6)
In paragraph 1 of Schedule 2 (information about, and convictions of, applicants
for and holders of operators’ licences), after paragraph (f) insert—
“(fa)
particulars of any notifiable fixed penalty notices which have
been issued during those five years;”.

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(7)
After paragraph 6 of that Schedule insert—
““Notifiable fixed penalty notices”
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In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed
penalty notice or conditional offer under Part 3 of the Road Traffic
Offenders Act 1988—
5
(a)
issued to a relevant person in respect of an offence such as is
mentioned in paragraph 5, or
(b)
issued to a servant or agent of a relevant person in respect of
an offence within paragraph 4(b).”
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Public passenger vehicle licensing
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(1)
The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.
(2)
In section 19 (duty of applicant for PSV operator’s licence to inform traffic
commissioners of relevant convictions etc.), after subsection (2) insert—
“(2A)
For the purposes of subsections (1) and (2) above the issue to a person
of a fixed penalty notice or conditional offer under Part 3 of the Road
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Traffic Offenders Act 1988 in respect of an offence prescribed for the
purposes of this Act is to be treated as if it were a relevant conviction of
him.”
(3)
In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions
as to qualifications for PSV operator’s licence), before the word “and” at the
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end of paragraph (a) insert—
“(aa)
relevant fixed penalty notices issued to him and to his
employees and agents;”.
(4)
In sub-paragraph (2) of that paragraph, before the word “and” at the end of
paragraph (a) insert—
25
“(aa)
relevant fixed penalty notices issued to the company’s
officers, employees and agents;”.
(5)
After that sub-paragraph insert—
   “(2A)
In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty
notice” means a fixed penalty notice or conditional offer issued
30
under Part 3 of the Road Traffic Offenders Act 1988 in respect of an
offence prescribed for the purposes of this Act.”
New system of endorsement
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Driving record
In the Road Traffic Offenders Act 1988 (c. 53), after section 97 insert—
35
“97A
Meaning of “driving record”
(1)
In this Act “driving record”, in relation to a person, means a record in
relation to the person maintained by the Secretary of State and
designed to be endorsed with particulars relating to offences
committed by the person under the Traffic Acts.
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(2)
The Secretary of State may make arrangements for the following
persons to have access, by such means as the Secretary of State may
determine, to information held on a person’s driving record—
(a)
courts,
(b)
constables,
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(c)
fixed penalty clerks,
(d)
the person in respect of whom the record is maintained and
persons authorised by him, and
(e)
other persons prescribed in regulations made by the Secretary
of State.
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(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.”
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8
Unlicensed and foreign drivers
(1)
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.
(2)
In section 44 (endorsement of licences)—
(a)
after subsection (3) insert—
“(3A)
Where a person who is not the holder of a licence is convicted of
20
an offence involving obligatory endorsement, subsection (1)
above applies as if the reference to the counterpart of any
licence held by him were a reference to his driving record.”, and
(b)
for the heading substitute “Orders for endorsement”.
(3)
After that section insert—
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“44A
Endorsement of driving record in accordance with order
(1)
Where the court orders the endorsement of a person’s driving record
with any particulars or penalty points it must send notice of the order
to the Secretary of State.
(2)
On receiving the notice, the Secretary of State must endorse those
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particulars or penalty points on the person’s driving record.
(3)
A notice sent by the court to the Secretary of State in pursuance of this
section must be sent in such manner and to such address and contain
such particulars as the Secretary of State may require.”
(4)
In section 54 (notices on-the-spot etc.), after subsection (5) insert—
35
“(5A)
Where the offence appears to the constable or vehicle examiner to
involve obligatory endorsement, and the person is not the holder of a
licence, the constable or vehicle examiner may only give him a fixed
penalty notice under subsection (2) above in respect of the offence if the
constable or vehicle examiner is satisfied, on accessing information
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held on his driving record, that he would not be liable to be disqualified
under section 35 of this Act if he were convicted of that offence.
(5B)
Subsection (5C) below applies where—

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(a)
the offence appears to the constable or vehicle examiner to
involve obligatory endorsement,
(b)
the person concerned is not the holder of a licence, and
(c)
the constable or vehicle examiner is unable to satisfy himself, by
accessing information held on his driving record, that he would
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not be liable to be disqualified under section 35 of this Act if he
were convicted of that offence.
(5C)
Where this subsection applies, the constable or vehicle examiner may
give the person a notice stating that if—
(a)
he delivers the notice in accordance with subsection (5D) below,
10
and
(b)
the person to whom it is delivered is satisfied, on accessing
information held on his driving record, that he would not be
liable to be disqualified under section 35 of this Act if he were
convicted of the offence,
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he will then be given a fixed penalty notice in respect of the offence.
(5D)
Delivery must—
(a)
if the notice is given by a constable, be made in person, within
seven days after the notice is given, to a constable or authorised
person at the police station specified in the notice (being a police
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station chosen by the person concerned), or
(b)
if the notice is given by a vehicle examiner, be made (either by
post or in person), within fourteen days after the notice is given,
to the Secretary of State at the place specified in the notice.
(5E)
If a person to whom a notice has been given under subsection (5C)
25
above delivers the notice in accordance with subsection (5D) above,
and the person to whom it is delivered is satisfied, on accessing
information held on his driving record, that he would not be liable to
be disqualified under section 35 of this Act if he were convicted of the
offence, that person must give him a fixed penalty notice in respect of
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the offence to which the notice under subsection (5C) relates.”
(5)
After section 57 insert—
“57A
Endorsement of driving records without hearings
(1)
Subject to subsection (2) below, where a person who is not the holder of
a licence has been given a fixed penalty notice under section 54 of this
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Act in respect of an offence involving obligatory endorsement, his
driving record may be endorsed in accordance with this section
without any order of a court.
(2)
A person’s driving record may not be endorsed under this section if at
the end of the suspended enforcement period—
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(a)
he has given notice, in the manner specified in the fixed penalty
notice, requesting a hearing in respect of the offence to which
the fixed penalty notice relates, and
(b)
the fixed penalty has not been paid in accordance with this Part
of this Act.
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(3)
If payment of the fixed penalty is made before the end of the suspended
enforcement period and the person to whom the payment is made is the
fixed penalty clerk, the fixed penalty clerk must send to the Secretary of

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State notice of the relevant particulars which are to be endorsed on the
person’s driving record.
(4)
Where any sum determined by reference to the fixed penalty is
registered under section 71 of this Act for enforcement against the
person as a fine in a case where the fixed penalty is required to be paid
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to the fixed penalty clerk, the fixed penalty clerk must send to the
Secretary of State notice of the relevant particulars which are to be
endorsed on the person’s driving record—
(a)
if he is himself the person who registers the sum, on the
registration of that sum, and
10
(b)
in any other case, on being notified of the registration by the
person who registers that sum.
(5)
The Secretary of State must endorse the relevant particulars on the
person’s driving record if—
(a)
he receives notice of them under subsection (3) or (4) above,
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(b)
the fixed penalty is paid to him before the end of the suspended
enforcement period, or
(c)
in a case where the fixed penalty is required to be paid to the
Secretary of State, any sum determined by reference to the fixed
penalty is registered under section 71 of this Act for
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enforcement against the person as a fine.
(6)
References in this section to the relevant particulars are to—
(a)
particulars of the offence, including the date when it was
committed, and
(b)
the number of penalty points to be attributed to the offence.”
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(6)
Schedule 2 contains further amendments about the endorsement of driving
records in the case of unlicensed and certain foreign drivers.
9
All drivers
(1)
The Road Traffic Offenders Act 1988 (c. 53) (as amended by section 8 and
Schedule 2) is amended as follows.
30
(2)
In section 44 (orders for endorsement)—
(a)
in subsection (1), for “the counterpart of any licence held by him”
substitute “his driving record”, and
(b)
omit subsection (3A).
(3)
Section 54 (notices on-the-spot etc.) is amended as follows.
35
(4)
For subsections (3) to (5E) substitute—
“(3)
Where the offence appears to the constable or vehicle examiner to
involve obligatory endorsement, the constable or vehicle examiner may
only give him a fixed penalty notice under subsection (2) above in
respect of the offence if—
40
(a)
the constable or vehicle examiner is satisfied, on accessing
information held on his driving record, that he would not be
liable to be disqualified under section 35 of this Act if he were
convicted of that offence, and
(b)
in the case of a person who is the holder of a licence, he
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produces it for inspection by the constable or vehicle examiner