Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
24

18
Exemptions from speed limits
(1)
Section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire,
ambulance and police vehicles from speed limits) is to be renumbered as
subsection (1) of that section.
(2)
In that subsection, after “when” insert “(a)” and for “if” substitute—
5
“(b)
it is being used for other prescribed purposes in such
circumstances as may be prescribed, or
(c)
it is being used for training persons to drive vehicles for use for
any of those purposes,

if”.
10
(3)
After that subsection insert—
“(2)
Except where the vehicle is being used for training the person by whom
it is being driven, subsection (1) above does not apply unless the vehicle
is being driven by a person who has been trained in driving vehicles at
high speeds.”
15
(4)
For the heading substitute “Exemptions from speed limits”.
Increases in penalties
19
Careless, and inconsiderate, driving
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), in
20
the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and
inconsiderate, driving), in column (4) (punishment), for “level 4” substitute
“level 5”.
20
Breach of requirements relating to children and seat belts
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
25
punishment of offences: offences under the Traffic Acts), in the entry relating
to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in
contravention of requirements relating to seat belts where children in rear
seat), in column (4) (punishment), for “level 1” substitute “level 2”.
21
Using vehicle in dangerous condition etc.
30
(1)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts) in the entry relating to
section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition
etc.), in column (5) (disqualification), for “Discretionary” substitute—

“(a) Obligatory if

35

committed within three

years of a previous

conviction of the offender

under section 40A.

(b) Discretionary in any

40

other case.”

Road Safety Bill
25

(2)
In section 34 of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for
certain offences), after subsection (4A) insert—
“(4B)
Where a person convicted of an offence under section 40A of the Road
Traffic Act 1988 (using vehicle in dangerous condition etc.) has within
the three years immediately preceding the commission of the offence
5
been convicted of any such offence, subsection (1) above shall apply in
relation to him as if the reference to twelve months were a reference to
six months.”
22
Breach of requirements as to control of vehicle, mobile telephones etc.
(1)
Before section 42 of the Road Traffic Act 1988 (c. 52) insert—
10
“41D
Breach of requirements as to control of vehicle, mobile telephones etc.
A person who contravenes or fails to comply with a construction and
use requirement—
(a)
as to not driving a motor vehicle in a position which does not
give proper control or a full view of the road and traffic ahead,
15
or not causing or permitting the driving of a motor vehicle by
another person in such a position, or
(b)
as to not driving or supervising the driving of a motor vehicle
while using a hand-held mobile telephone or other hand-held
interactive communication device, or not causing or permitting
20
the driving of a motor vehicle by another person using such a
telephone or other device,
is guilty of an offence.”
(2)
In section 42(a) of that Act (breach of other construction and use requirements),
before “of” insert “or 41D”.
25
(3)
In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain
sections apply), before the entry relating to section 42 of the Road Traffic Act
1988 insert—

“RTA section 41D.
Breach of requirements as to
Sections 11 and 12(1) of this

control of vehicle, mobile
Act.”

30

telephones etc.

(4)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), before the entry

Road Safety Bill
26

relating to section 42 of the Road Traffic Act 1988 insert—

“RTA section
Breach of
Summarily.
(a) Level 4
Discretionary.
Obligatory.
3.”

41D.
requirements

on the

as to control of

standard

vehicle, mobile

scale if

5

telephones etc.

committed

in respect

of a goods

vehicle or a

vehicle

10

adapted to

carry more

than eight

passengers.

(b) Level 3

15

on the

standard

scale in any

other case.

(5)
In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty
20
offences), before the entry relating to section 42 of the Road Traffic Act 1988
(c. 52) insert—

“RTA section 41D
Breach of requirement as

to control of vehicle,

mobile telephone etc.”

25
23
Breach of duty to give information as to identity of driver etc.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), in the entry relating
to section 172 of the Road Traffic Act 1988 (duty to give information as to
identity of driver etc. in certain circumstances), in column (7) (penalty points),
30
for “3” substitute “6”.
Attendance on courses
24
Penalty points
(1)
The Road Traffic Offenders Act 1988 is amended as follows.
(2)
In section 29 (penalty points to be taken into account on conviction), after
35
subsection (2) insert—
“(2A)
Subsection (1)(b) above has effect subject to section 30A(4) of this Act.”
(3)
After section 30 insert—
“30A
Reduced penalty points for attendance on course
(1)
This section applies where—
40
(a)
a person is convicted of a specified offence by or before a court,
(b)
penalty points are to be attributed to the offence and the court
does not order him to be disqualified, and
(c)
at least seven but no more than eleven penalty points are to be
taken into account on the occasion of the conviction.
45

Road Safety Bill
27

(2)
In this section “a specified offence” means—
(a)
an offence under section 3 of the Road Traffic Act 1988 (careless,
and inconsiderate, driving),
(b)
an offence under section 36 of that Act (failing to comply with
traffic signs),
5
(c)
an offence under section 17(4) of the Road Traffic Regulation
Act 1984 (use of special road contrary to scheme or regulations)
or
(d)
an offence under section 89(1) of that Act (exceeding speed
limit).
10
(3)
But the Secretary of State may by regulations amend subsection (2)
above by adding other offences or removing offences.
(4)
Where this section applies, the court may make an order that three of
the penalty points attributed to the offence (or all of them if three or
fewer are so attributed) shall not be taken into account under section
15
29(1)(b) of this Act on the occasion of any conviction of an offence after
the end of the period of twelve months beginning with the date of the
order if, by the relevant date, the offender completes an approved
course specified in the order.
(5)
In subsection (4) above—
20
“the relevant date” means such date, no later than ten months after
the day on which the order is made, as is specified in the order,
and
“an approved course” means a course approved by the
appropriate national authority for the purposes of this section
25
in relation to the description of offence of which the offender is
convicted.
(6)
A court shall not make an order under this section in the case of an
offender convicted of an offence if—
(a)
the offender has, during the period of three years ending with
30
the date on which the offence was committed, committed a
specified offence and successfully completed an approved
course pursuant to an order made under this section or section
34A of this Act on conviction of that offence, or
(b)
the offence was committed during his probationary period.
35
(7)
A court shall not make an order under this section in the case of an
offender unless—
(a)
it is satisfied that a place on the course specified in the order will
be available for the offender,
(b)
the offender appears to the court to be of or over the age of 17,
40
(c)
the court has informed the offender (orally or in writing and in
ordinary language) of the effect of the order and of the amount
of the fees which he is required to pay for the course and when
he must pay them, and
(d)
the offender agrees that the order should be made.
45
30B
Certificates of completion of courses
(1)
An offender shall be regarded for the purposes of section 30A of this
Act as having completed a course satisfactorily if (and only if) a

Road Safety Bill
28

certificate that he has done so is received by the proper officer of the
supervising court.
(2)
The certificate under subsection (1) above is to be given by the course
provider and shall be in such form, and contain such particulars, as
may be prescribed by, or determined in accordance with, regulations
5
made by the appropriate national authority.
(3)
A course provider shall give a certificate under subsection (1) above to
the offender not later than fourteen days after the date specified in the
order as the latest date for the completion of the course unless the
offender—
10
(a)
fails to make due payment of fees for the course,
(b)
fails to attend the course in accordance with the course
provider’s reasonable instructions, or
(c)
fails to comply with any other reasonable requirement of the
course provider.
15
(4)
Where a course provider decides not to give the certificate under
subsection (1) above to the offender, he shall give written notice of the
decision to the offender as soon as possible, and in any event not later
than fourteen days after the date specified in the order as the latest date
for completion of the course.
20
(5)
An offender to whom a notice is given under subsection (4) above may,
within such period as may be prescribed by rules of court, apply to the
supervising court, or (if the supervising court is not the Crown Court,
the High Court of Justiciary or the relevant local court) to either the
supervising court or the relevant local court, for a declaration that the
25
course provider’s decision not to give a certificate was contrary to
subsection (3) above.
(6)
If the court grants the application, section 30A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
the supervising court.
30
(7)
If fourteen days after the date specified in the order as the latest date for
completion of the course the course provider has given neither the
certificate under subsection (1) above nor a notice under subsection (4)
above, the offender may, within such period as may be prescribed by
rules of court, apply to the supervising court, or (if the supervising
35
court is not the Crown Court, the High Court of Justiciary or the
relevant local court) to either the supervising court or the relevant local
court, for a declaration that the course provider is in default.
(8)
If the court grants the application, section 30A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
40
the supervising court.
(9)
A notice under subsection (4) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
make provision as to the form of notices under that subsection and as
to the circumstances in which they are to be treated as given.
45
(10)
Where the proper office of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(5) or (7) above, the proper officer or court must send notice of that fact
to the Secretary of State; and the notice must be sent in such manner

Road Safety Bill
29

and to such address, and must contain such particulars, as the Secretary
of State may determine.
30C
Approval of courses
(1)
If an application is made to the appropriate national authority for the
approval of a course for the purposes of section 30A of this Act, the
5
appropriate national authority must decide whether to grant or refuse
the application.
(2)
In reaching that decision the appropriate national authority must have
regard to—
(a)
the nature of the course, and
10
(b)
whether the course provider is an appropriate person to
provide the course and administer its provision efficiently and
effectively,
and may take into account any recommendations made by any persons
appointed to consider the application.
15
(3)
A course may be approved subject to conditions specified by the
appropriate national authority.
(4)
An approval of a course is for the period specified by the appropriate
national authority (which must not exceed seven years), subject to
withdrawal of approval.
20
(5)
Regulations made by the appropriate national authority may make
provision in relation to the approval of courses and may, in particular,
include provision—
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of
25
approvals, (or of both) of fees of such amounts as are prescribed
by the regulations,
(c)
specifying the maximum fees that a person may be required to
pay for a course and by when they are to be paid,
(d)
for the monitoring of courses and course providers,
30
(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on the
grant of such an application or the withdrawal of approval, and
(g)
authorising the appropriate national authority to make
35
available (with or without charge) information about courses
and course providers.
30D
Provisions supplementary to sections 30A to 30C
(1)
The appropriate national authority may issue guidance to course
providers, or to any category of course provider, as to the conduct of
40
courses approved for the purposes of section 30A of this Act; and—
(a)
course providers shall have regard to any guidance given to
them under this subsection, and
(b)
in determining for the purposes of section 30B of this Act
whether any instructions or requirements of a course provider
45
were reasonable, a court shall have regard to any guidance
given to him under this subsection.

Road Safety Bill
30

(2)
The Secretary of State may by regulations make provision—
(a)
amending section 30A(1)(c) of this Act by substituting for the
lower number of penalty points for the time being specified
there a different number of penalty points, or
(b)
amending section 30A(6)(a) of this Act by substituting for the
5
period for the time being specified there a different period.
(3)
In sections 30A to 30C of this Act and this section—
“appropriate national authority” means (as respects Wales) the
National Assembly for Wales and (otherwise) the Secretary of
State;
10
“course provider”, in relation to a course, means the person by
whom it is, or is to be, provided;
“probationary period” has the meaning given in section 1 of the
Road Traffic (New Drivers) Act 1995;
“proper officer” means—
15
(a)
in relation to a magistrates’ court in England and Wales,
the designated officer for the court, and
(b)
otherwise, the clerk of the court;
“relevant local court”, in relation to an order made under section
30A of this Act in the case of an offender, means—
20
(a)
in England and Wales, a magistrates’ court acting for the
local justice area in which the offender resides, and
(b)
in Scotland, the sheriff court for the district where the
offender resides or, where the order is made by a
stipendiary magistrate and the offender resides within
25
his commission area, the district court for that area;
“supervising court”, in relation to an order under section 30A of
this Act, means—
(a)
in England and Wales, if the Crown Court made the
order the Crown Court and otherwise a magistrates’
30
court acting for the same local justice area as the court
which made the order, and
(b)
in Scotland, the court which made the order.
(4)
Any power to make regulations under section 30A, 30B or 30C of this
Act or this section includes power to make different provision for
35
different cases, and to make such incidental or supplemental provision
as appears to the appropriate national authority to be necessary or
expedient.
(5)
Any power to make regulations under section 30A, 30B or 30C of this
Act or this section shall be exercisable by statutory instrument.
40
(6)
No regulations shall be made under section 30A of this Act or this
section unless a draft of the regulations has been laid before, and
approved by a resolution of, each House of Parliament.
(7)
A statutory instrument containing regulations made under section 30B
or 30C of this Act by the Secretary of State shall be subject to annulment
45
in pursuance of a resolution of either House of Parliament.”