Road Safety Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Road Safety Bill

Road Safety Bill
45

(4)
This section does not limit any powers of the Secretary of State apart
from this section.”
(3)
In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle
identity checks), after “45(6B)” insert “or 49(3A)”.
38
Disclosure to foreign authorities of licensing and registration information
5
(1)
The Secretary of State may make any information held by him (in any form) for
the purposes of—
(a)
Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of
vehicles), or
(b)
Part 2 of the Vehicle Excise and Registration Act 1994 (registration of
10
vehicles),

available to the authorities of any country or territory outside the United
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.
15
(2)
The Department of the Environment may make any information held by it (in
any form) for the purposes of—
(a)
Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154
(N.I. 1)) (licensing of drivers of vehicles), or
(b)
Articles 70 to 79 of that Order (licensing of drivers of large goods
20
vehicles and passenger-carrying vehicles),

available to the authorities of any country or territory outside the United
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.
25
39
Disclosure of information about insurance status of vehicles
(1)
The Secretary of State may by regulations make provision for and in
connection with requiring MIIC to make available relevant vehicle insurance
information to PITO for it to process with a view to making the processed
information available for use by constables.
30
(2)
“Relevant vehicle insurance information” means information relating to
vehicles the use of which has been (but no longer is) insured under a policy of
insurance, or security in respect of third party risks, complying with the
requirements of Part 6 of the Road Traffic Act 1988.
(3)
The regulations may in particular—
35
(a)
require all relevant vehicle insurance information or any particular
description of such information to be made available to PITO,
(b)
determine the purposes for which information processed from such
information by PITO may be made available for use by constables, and
(c)
determine the circumstances in which any of the processed information
40
which has been made available for use by constables may be further
disclosed by them.
(4)
In this section—
“information” means information held in any form,

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“MIIC” means the Motor Insurers’ Information Centre (a company
limited by guarantee and incorporated under the Companies Act 1985
(c. 6) on 8th December 1998), and
“PITO” means the Police Information Technology Organisation.
(5)
Regulations under this section—
5
(a)
may make different provision for different purposes, and
(b)
may contain any incidental or supplementary provision which appears
appropriate.
(6)
The power to make regulations under this section is exercisable by statutory
instrument; and a statutory instrument containing regulations under this
10
section is subject to annulment in pursuance of a resolution of either House of
Parliament.
Miscellaneous
40
Trunk road picnic areas
In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and
15
public conveniences for users of trunk roads)—
(a)
in subsection (1) (power to provide trunk road picnic areas), omit “that
is not a special road”,
(b)
in subsection (3) (power to manage), after “picnic area” insert
“(including, in particular, by enforcing controls on parking there and
20
recovering the costs of doing so)”,
(c)
in subsection (4) (power to make arrangements for the provision of
conveniences, facilities, meals or refreshments with anyone other than
a council), omit “, other than a council,”, and
(d)
in subsection (5) (power to provide conveniences), omit “that is not a
25
special road”.
41
Drivers’ hours
Schedule 5 contains amendments about the enforcement of the provisions
about drivers’ hours.
42
Vehicles modified to run on fuel stored under pressure
30
(1)
The Road Traffic Act 1988 (c. 52) is amended as follows.
(2)
Section 41 (regulation of construction, weight, equipment and use of vehicles)
is amended as follows.
(3)
In subsection (2), after paragraph (b) insert—
“(ba)
the modification of motor vehicles to enable them to be
35
propelled using fuel stored under pressure,”.
(4)
After that subsection insert—
“(2A)
Regulations under this section with respect to the modification of
motor vehicles to enable them to be propelled using fuel stored under
pressure may include provision—
40
(a)
as to the examination, by persons authorised in accordance with
regulations, of motor vehicles that have been so modified, the

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issuing of certificates by them in respect of such vehicles and the
making of charges by them,
(b)
requiring authorised persons to notify the Secretary of State of
any such examinations carried out by them,
(c)
as to appeals against any decision by an authorised person not
5
to issue a certificate,
(d)
as to applications to the Secretary of State for authorisation and
charges in connection with them,
(e)
imposing or providing for the imposition of conditions to be
complied with by authorised persons,
10
(f)
as to the withdrawal of authorisations.”
(5)
In section 66 (regulations prohibiting the grant of excise licences for certain
vehicles except on compliance with certain conditions), after subsection (7)
insert—
“(7A)
The Secretary of State may by regulations provide, in relation to
15
vehicles required to be examined and certified by regulations under
section 41(2A)(a) of this Act, that the first licence for such a vehicle
under the Vehicle Excise and Registration Act 1994 for a period after the
requirement applies to the vehicle is to be granted only if evidence is
provided that a certificate has been issued in accordance with those
20
regulations.”
43
Powers to regulate transport of radioactive material
(1)
Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27)
(regulations for preventing injury or damage from transport by road of
radioactive material) is amended as follows.
25
(2)
In subsection (2), for paragraph (d) and the word “and” before it substitute—
“(d)
the keeping of records and the production, inspection, removal,
retention and copying of records and other documents,
(e)
the provision of information and the answering of questions
(including the making of declarations as to the truth of answers
30
and their admissibility in evidence), and
(f)
the provision of facilities and assistance in connection with the
carrying out of functions conferred by the regulations.”
(3)
In subsection (3), before paragraph (a) insert—
“(za)
make provision for the imposition of requirements by
35
inspectors and examiners;”.
(4)
In subsection (4), after “with any” insert “requirement imposed by or by virtue
of”.
44
Private hire vehicles in London
In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire
40
Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service
vehicle, seating fewer than nine passengers made available with a driver to the
public for hire to carry passengers), omit “to the public”.

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45
Minor corrections
(1)
In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement
to hold driving licence), after “any class” insert “at any time”.
(2)
In section 105(5) of that Act (regulations: “the relevant provisions of the Road
Traffic Offenders Act 1988”), after “34” insert “, 35”.
5
(3)
In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of
endorsement)—
(a)
in subsection (6), for “that Act” substitute “the Road Traffic Act 1988”,
and
(b)
in subsection (7)(a), at the beginning insert “under”.
10
(4)
In section 79(1) of that Act (statements by constables), for “54(3)” substitute
“54(4)”.
(5)
In section 90 of that Act (index of expressions)—
(a)
in the entry relating to the expression “conditional offer”, for “75(3)”
substitute “75(5)”, and
15
(b)
in the entry relating to “fixed penalty clerk”, for “75(4)” substitute
“75(6)”.
Supplementary
46
Repeals and revocations
Schedule 6 contains repeals and revocations (including repeals of some spent
20
enactments).
47
Power to make amendments
(1)
The Secretary of State may by order make such amendments (including repeals
and revocations) as may appear appropriate in consequence of any provision
contained in this Act—
25
(a)
in any enactment contained in an Act passed, and
(b)
in any instrument made,

before, or in the same Session as that in which, the provision comes into force.
(2)
An order under subsection (1) may include any appropriate transitional
provisions or savings.
30
(3)
The power to make an order under subsection (1) is exercisable by statutory
instrument.
(4)
No order shall be made under subsection (1) unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.
48
Commencement
35
(1)
The preceding provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint (but
subject to subsections (5) to (7)).
(2)
Different days may be appointed for different purposes.

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(3)
Any provision of this Act which alters any penalty for an offence has effect only
in relation to offences committed after the coming into force of the provision.
(4)
The Secretary of State may by order made by statutory instrument make such
transitional provisions and savings as he considers appropriate in connection
with the coming into force of any provision of this Act.
5
(5)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
(a)
section 1,
(b)
section 38, and
(c)
section 41 and Schedule 5 and the repeals contained in Schedule 6
10
under the heading “Drivers’ hours” (and section 46 so far as relating to
them).
(6)
The day on which sections 7 and 8 and Schedule 2 (and the repeals contained
in Schedule 6 under the heading “Endorsement: unlicensed and foreign
drivers”) come into force must be—
15
(a)
later than the day on which section 4 and Schedule 1 (and the repeals
contained in Schedule 6 under the heading “Giving of fixed penalty
notices by vehicle examiners”) come into force, but
(b)
earlier than the day on which section 9 and Schedule 3 (and the repeals
contained in Schedule 6 under the heading “Endorsement: all drivers”)
20
come into force.
(7)
Sections 45 and 47, and the repeals contained in Schedule 6 under the heading
“Spent enactments” (and section 46 so far as relating to them), come into force
on the day on which this Act is passed.
(8)
Any power to make an order or regulations which is conferred by any
25
provision of this Act may be exercised at any time after the passing of this Act.
49
Financial provision
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of
this Act, and
30
(b)
any increase attributable to this Act in the sums payable out of money
so provided by virtue of any other Act.
(2)
Sums received by the Secretary of State under this Act are to be paid into the
Consolidated Fund.
50
Extent
35
(1)
Section 1 extends only to England and Wales.
(2)
Sections 15 and 39 extend only to England and Wales and Scotland.
(3)
Section 38(2) extends only to Northern Ireland.
(4)
Apart from the amendments made by sections 1 and 35, the amendments (and
repeals and revocations) made by this Act have the same extent as the
40
enactments and instruments amended (or repealed or revoked).