Road Safety Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Road Safety Bill

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
104

(9)
In this Part of this Act “analogue recording equipment” means
recording equipment that complies with Annex I to the Community
Recording Equipment Regulation.
99ZC
Sections 99ZA and 99ZB: supplementary
(1)
Where an officer makes any hard copy of data stored on a driver card
5
or on recording equipment under section 99ZA or 99ZB of this Act
he may require a person to sign the hard copy (if necessary with
manual corrections) to confirm that it is a true and complete record
of the period covered by it.
(2)
Any record sheet, book, register, other document or any electronic
10
copy of data that is retained by an officer under section 99ZA or 99ZB
of this Act may only be retained—
(a)
for six months; and
(b)
if it is required as evidence in any proceedings, any further
period during which it is so required.
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(3)
In sections 99ZA and 99ZB of this Act references to the inspection
and copying of any record produced by means of equipment in or on
a vehicle include references to the application to the record of any
process for eliciting the information recorded by it and to taking
down the information elicited from it.
20
99ZD
Offence of failing to comply with requirements or obstructing an
officer
(1)
A person commits an offence if he—
(a)
fails without reasonable excuse to comply with any
requirement imposed on him by an officer under any of
25
sections 99ZA to 99ZC of this Act; or
(b)
obstructs an officer in the exercise of his powers under
section 99ZB or 99ZF of this Act.
(2)
A person guilty of an offence under subsection (1) of this section is
liable on summary conviction to a fine not exceeding level 5 on the
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standard scale.
(3)
A person shall not be liable to be convicted under subsection (1) of
this section by reason of failing to comply with any requirement
under section 99ZA(1)(a) or (b) of this Act if he proves to the court
that, if the vehicle in question had been a vehicle to which section 97
35
of this Act applies, there would have been no contravention of the
provisions of this Part of this Act so far as they relate to the use of
such vehicles.
99ZE
Offences: false records and data etc.
(1)
A person commits an offence—
40
(a)
if he makes, or causes or permits to be made, a relevant
record or entry which he knows to be false;
(b)
if, with intent to deceive, he alters, or causes or permits to be
altered, a relevant record or entry;
(c)
if he destroys or suppresses, or causes or permits to be
45
destroyed or suppressed, a relevant record or entry; or

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
105

(d)
if he fails without reasonable excuse to make a relevant
record or entry, or causes or permits such a failure.
(2)
For the purposes of subsection (1) of this section a “relevant record
or entry” is—
(a)
any record or entry required to be made by or for the
5
purposes of the Community Recording Equipment
Regulation or section 97 of this Act; or
(b)
any entry in a book, register or document kept or carried for
the purposes of regulations under section 98 of this Act or the
applicable Community Rules.
10
(3)
A person commits an offence—
(a)
if he records or causes or permits to be recorded any data
which he knows to be false on recording equipment or on a
driver card;
(b)
if he records or causes or permits to be recorded any data
15
which he knows to be false on any hard copy of data
previously stored on recording equipment or on a driver
card;
(c)
if, with intent to deceive, he alters, or causes or permits to be
altered, any data stored on recording equipment or on a
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driver card or appearing on any copy of data previously so
stored;
(d)
if, with intent to deceive, he produces anything falsely
purporting to be a hard copy of data stored on recording
equipment or on a driver card;
25
(e)
if he destroys or suppresses, or causes or permits to be
destroyed or suppressed, any data stored on recording
equipment or on a driver card; or
(f)
if he fails without reasonable excuse to record any data on
recording equipment or on a driver card, or causes or permits
30
such a failure.
(4)
A person guilty of an offence under subsection (1) or (3) of this
section consisting otherwise than in permitting an act or omission is
liable—
(a)
on summary conviction, to a fine not exceeding the statutory
35
maximum; or
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both.
(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
40
summary conviction to a fine not exceeding level 5 on the standard
scale.
(6)
A person commits an offence if he produces, supplies or installs any
device—
(a)
that is designed to interfere with the proper operation of any
45
recording equipment, or
(b)
that is designed to enable the falsification, alteration,
destruction or suppression of data stored or previously
stored on any recording equipment or driver’s card.

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement
106

(7)
A person commits an offence if without reasonable excuse he
provides information which would assist other persons in producing
any such device.
(8)
A person shall not be liable to be convicted under subsection (6) or
(7) of this section if he proves to the court that he produced, supplied
5
or installed the device, or provided information to assist a person in
producing a device, for use in connection with the enforcement of the
provisions of this Part of this Act.
(9)
A person guilty of an offence under subsection (6) or (7) of this
section is liable on summary conviction to a fine not exceeding level
10
5 on the standard scale.
(10)
For the purposes of this section, a person shall be taken to permit an
act or omission if he is, or ought reasonably to be, aware of the act or
omission, or of it being a likelihood, and takes no steps to prevent it.
99ZF
Power to seize documents
15
(1)
If an officer has reason to believe that an offence under section 99ZE
of this Act has been committed in respect of any document inspected
by him under section 99ZA or 99ZB of this Act, he may seize that
document.
(2)
Where a document is so seized, a magistrates’ court shall, on an
20
application made for the purpose by that person or by an officer,
make such order respecting the disposal of the document and award
such costs as the justice of the case may require if—
(a)
within six months of the date on which it was seized no
person has been charged since that date with an offence
25
under section 99ZE of this Act in relation to that document;
and
(b)
the document has not been returned to the person from
whom it was taken.
(3)
Any proceedings in Scotland under subsection (2) of this section
30
shall be taken by way of summary application in the sheriff court.

In the application of that subsection to Scotland the reference to costs
shall be construed as a reference to expenses.”
5     (1)
Section 99A(1) (power to prohibit driving of vehicles) is amended as follows.
      (2)
In paragraph (a)—
35
(a)
for “subsection (2) or (3) of section 99” substitute “section 99ZB”, and
(b)
for “subsection (1) of that section” substitute “any of sections 99ZA
to 99ZC of this Act”.
      (3)
In paragraph (c), for “99(5)” substitute “99ZE”.
6
In section 101(3) (orders and regulations made under Part 6), after “and any”
40
insert “order made under section 97(7) of this Act or any”.
7     (1)
Section 103 (interpretation) is amended as follows.
      (2)
In subsection (1), insert the following definitions at the appropriate places—
“analogue recording equipment” has the meaning given by section
99ZB(9) of this Act;”;
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Road Safety Bill
Schedule 6 — Repeals and revocations
107

“copying” and “copies”, in relation to data stored on a driver card or
digital recording equipment, is to be construed in accordance with
section 99ZA(6) of this Act;”;
“digital recording equipment” has the meaning given by section
99ZA(7) of this Act;”;
5
“driver card” has the meaning given by section 99ZA(7) of this Act;”;
“electronic copy” of data has the meaning given by section 99ZA(7) of
this Act;”;
“hard copy” in relation to data stored electronically has the meaning
given by section 99ZA(7) of this Act;”;
10
“officer” has the meaning given by section 99ZA(7) of this Act;”.
      (3)
In subsection (7), for “of section 99” substitute “given by section 99ZA(7)”.
Road Traffic (Foreign Vehicles) Act 1972 (c. 27)
8     (1)
In Schedule 1 to the Road Traffic (Foreign Vehicles) Act 1972, the entry
relating to section 99 of the Transport Act 1968 (c. 73) is amended as follows.
15
      (2)
In the first column, for “99” substitute “99ZA to 99ZC”.
      (3)
In the second column—
(a)
before “recording equipment” insert “driver cards and”, and
(b)
for “and to inspect” substitute “and to copy data recorded on such
cards or equipment or to inspect”.
20
Schedule 6
Section 46

Repeals and revocations
Graduated fixed penalties

Short title and chapter
Extent of repeal

Domestic Violence, Crime and
Section 16(2).

25

Victims Act 2004 (c. 28)

Giving of fixed penalty notices by vehicle examiners

Short title and chapter
Extent of repeal

Road Traffic Offenders Act 1988
In section 54(5), the words “he surrenders”.

(c. 53)
In section 61(2), the words “fixed penalty clerk

30

must not endorse the”.

In section 73, in subsection (5), the words “by or

on behalf of the chief officer of police” and the

word “such” and, in subsection (7), the words

“by or on behalf of the chief officer of police”.

35

In section 79(1), the words “constable or

authorised”.

In section 89(1), the word “and” before the

definition of “proceedings”.

Road Safety Bill
Schedule 6 — Repeals and revocations
108

Short title and chapter
Extent of repeal

Road Traffic (New Drivers) Act
In section 2, in subsection (4), the words “, the

1995 (c. 13)
fixed penalty clerk” and, in subsection (5), the

words “by the fixed penalty clerk”.

Police Reform Act 2002 (c. 30)
Section 76(4).

5

Railways and Transport Safety
Section 69(3).

Act 2003 (c. 20)
Section 109.

Crime (International Co-
In Schedule 5, paragraphs 47(b), 55(b) and 57(b).

operation) Act 2003 (c. 32)

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 314 and 321.

10

Endorsement: unlicensed and foreign drivers

Short title or title and reference
Extent of repeal or revocation

Road Traffic Offenders Act 1988
In the heading of section 31, the words “on

(c. 53)
licence”.

In section 45(1), the words “, whether he is at the

15

time the holder of a licence or not,”.

In section 70(4), the word “and” at the end of

paragraph (a).

Road Traffic (Driver Licensing
In Schedule 2, paragraph (bb).

and Information Systems)

20

Act 1989 (c. 22)

The Driving Licences
In Schedule 2, paragraph 6.

(Community Driving
In Schedule 3, paragraph 3(2)(b).

Road Traffic Act 1991 (c. 40)
In Schedule 4, paragraph 93.

Endorsement: all drivers
25

Short title or title and reference
Extent of repeal or revocation

Public Passenger Vehicles Act
Section 24(3).

1981 (c. 14)

Road Traffic Act 1988 (c. 52)
In section 88(6), the words “, counterparts of

licences”.

30

In section 92(7ZB)(a) and (7C), the words “and

its counterpart”.

In section 93—

(a)
in subsections (2)(b) and (3), the words

“and its counterpart”, and

35

(b)
in subsection (4)(a), the words “or its

counterpart”.

Road Safety Bill
Schedule 6 — Repeals and revocations
109

Short title or title and reference
Extent of repeal or revocation

Road Traffic Act 1988 (c. 52)—
In section 97—

cont.
(a)
in sub-paragraph (i) of paragraph (c) of

subsection (1), the words “and its

counterpart”,

5

(b)
in sub-paragraph (ia) of that paragraph,

the words from “together” to the end,

(c)
in sub-paragraph (ii) of that paragraph,

the words “and its counterpart (if any)

issued to him”, and

10

(d)
in subsection (1AA), the words “together

with the counterparts mentioned in that

sub-paragraph” and the words “and its

Northern Ireland counterpart”.

In section 98(1)(c), the words “or its

15

counterpart”.

In section 98A—

(a)
in subsection (1), the words “and their

counterparts”,

(b)
in subsection (3), the words “(and their

20

counterparts)”,

(c)
in subsection (4), the words “(with its

counterpart)”, and

(d)
in subsection (7), the words “and its

counterpart”.

25

In section 99—

(a)
in subsection (2A), the words “and its

counterpart”,

(b)
in subsection (3), paragraph (aa), in

paragraph (b), the words “or in its

30

counterpart” and the words “and its

counterpart”,

(c)
in subsection (4), the words “and its

counterpart”,

(d)
in subsection (6), the words “and its

35

counterpart” in both places, and

(e)
in subsections (7) and (7ZA), the words

“and its counterpart”.

Section 99A(5) and (6).

Section 99B—

40

(a)
subsections (3), (6) and (8),

(b)
in subsection (11)(b), the words “(6) or”,

and

(c)
subsection (12).

In section 99C—

45

(a)
in subsections (1) to (4), the words “and

its counterpart (if any)” in each place,

and

(b)
subsection (5).

Road Safety Bill
Schedule 6 — Repeals and revocations
110

Short title or title and reference
Extent of repeal or revocation

Road Traffic Act 1988 (c. 52)—
In section 105(2)—

cont.
(a)
sub-paragraph (i) of paragraph (b) and

the word “or” before it,

(b)
in paragraph (e), the words “and

5

counterparts of licences” and the words

“or counterparts of licences”, and

(c)
paragraph (ea).

In section 108, the definition of “counterpart”.

In section 109B—

10

(a)
in subsection (1), the words from

“together” to the end,

(b)
in subsection (2), in paragraph (a), the

words “together with the relevant

counterparts” and, in paragraph (b), the

15

words “and those counterparts”, and

(c)
in subsection (4), the words “and the

relevant counterparts”.

Section 109B(5).

In section 115A(1), the words “and its

20

counterpart (if any)”.

In section 117A, the words “and its counterpart

(if any)” in both places.

In section 118—

(a)
in subsection (1), the words “and its

25

counterpart”,

(b)
in subsection (4), the words “and its

counterpart”, and

(c)
subsection (5).

In section 121, the definition of “counterpart”.

30

In section 125A(8), in paragraph (c) of the

definition of “disabled person’s limited

driving licence, the words “and a counterpart

of that licence”.

In section 141A(5), the words “and

35

“counterpart” in relation to a Community

licence”.

In section 142, the words “and counterpart”.

In section 164—

(a)
the words “and its counterpart” in each

40

place, and

(b)
in subsection (11), the reference to

“counterpart”.

In section 173—

(a)
in paragraph (a) of subsection (2), the

45

words from “or” to the end,

(b)
paragraph (aa) of that subsection, and

(c)
in subsection (4), the word

““counterpart”,”.

Section 176(1A), (3A) and (8).

50

Road Traffic Offenders Act 1988
In section 7(1), the words from “and the

(c. 53)
foregoing” to the end.