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Road Safety Bill


Road Safety Bill
Schedule 4 — Driving instruction

97

 

25         

For section 141A (meaning of “motor car”) substitute—

“141A   

 Interpretation of Part 5

(1)   

For the purposes of this Part of this Act persons may carry on

business in the provision of driving instruction in any way,

including in particular—

5

(a)   

by giving instruction themselves,

(b)   

by arranging for the giving of driving instruction by their

employees, or

(c)   

by arranging for the giving of driving instruction by persons

who are franchisees under driving instruction franchises

10

under which they are the franchisor.

(2)   

In this Part of this Act “driving instruction franchise” means an

agreement under which one party (the “franchisor”) grants to

another party (a “franchisee”) rights consisting of or including the

right to use a particular trading name, style or design in the carrying

15

on of business in the giving of driving instruction.

(3)   

In this Part of this Act references to “the franchisor” and “a

franchisee”, in relation to a driving instruction franchise, shall be

construed accordingly.

(4)   

In this Part of this Act “current”, in relation to a licence or certificate,

20

means one which has not expired and has not been cancelled,

revoked or suspended.

(5)   

In this Part of this Act—

(a)   

“Community licence” and “counterpart”, in relation to a

Community licence, and

25

(b)   

“provisional licence”,

   

have the same meanings as in Part 3 of this Act.”

26         

For section 142 substitute—

“142    

Index to Part 5

The expressions listed in the left-hand column below are respectively

30

defined or (as the case may be) fall to be construed in accordance

with the provisions of this Part of this Act listed in the right-hand

column in relation to those expressions.

 

Expression

Relevant provision

 
 

Appropriate motor vehicle

Section 125A(8)

 

35

 

Carry on business in the provision of

Section 141A(1)

 
 

driving instruction

  
 

Community licence and counterpart

Section 141A(5)

 
 

 

Road Safety Bill
Schedule 4 — Driving instruction

98

 
 

Expression

Relevant provision

 
 

Current (in relation to a licence or

Section 141A(4)

 
 

certificate)

  
 

Disability, prospective disability and

Section 125A(8)

 
 

relevant disability

  

5

 

Disabled person’s limited driving

Section 125A(8)

 
 

licence

  
 

Driving instruction

Section 123(3)

 
 

Driving instruction franchise (and

Section 141A(2) and (3)

 
 

franchisor and franchisee)

  

10

 

Emergency control assessment and

Section 125A(8)

 
 

emergency control certificate

  
 

Modifications, in relation to a motor

Section 125A(8)

 
 

vehicle

  
 

Paid instruction

Section 123(5) and (6)

 

15

 

Provisional licence

Section 141A(5)

 
 

Registered and registration

Section 123(7)

 
 

The register

Section 123(8)

 
 

Registered disabled instructor

Section 125A(8)

 
 

The Registrar

Section 125(2)

 

20

 

Regulations

Section 141

 
 

Relevant instructor examination

Section 133(2)”

 
 

27         

In section 183 (application to Crown), after subsection (6) insert—

“(6A)   

The Secretary of State may by regulations provide that Part 5 of this

Act is to apply in relation to persons in the public service of the

25

Crown but subject to any prescribed omissions, additions or other

modifications.”

28         

In section 195(2) (duty to consult before making regulations under any

provision other than section 8(3) and Part 5), omit “or Part 5”.

 

 

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement

99

 

Road Traffic Offenders Act 1988 (c. 53)

29    (1)  

Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

punishment of offences: offences under the Traffic Acts) is amended as

follows.

      (2)  

In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—

5

(a)   

in column 1, for “123(4)” substitute “123A(1) and (2)”, and

(b)   

in column 2, for “by unregistered and unlicensed persons or their

employers” substitute “, and carrying on of business in provision of

driving instruction, by unregistered persons”.

      (3)  

In the entry relating to section 123(6) of that Act—

10

(a)   

in column 1, for “123(6)” substitute “123A(4)”, and

(b)   

in column 2, for “without there being exhibited in the motor car a

certificate of registration or a licence under RTA Part 5” substitute

“, and carrying on of business in provision of driving instruction,

without prescribed requirements relating to displaying of evidence

15

of registration under RTA Part 5 being complied with”.

      (4)  

In the entry relating to section 133C(4), in column 2, omit “or licensed”.

      (5)  

In the entry relating to section 133D, in column 2, omit “or their employers”.

      (6)  

In the entry relating to section 135, for the words in column 2 substitute

“Misuse of evidence of registration etc.”.

20

      (7)  

In the entries relating to sections 136 and 137, in column 2, for “or licence”

substitute “etc.”.

Schedule 5

Section 41

 

Drivers’ hours: enforcement

Transport Act 1968 (c. 73)

25

1          

Part 6 of the Transport Act 1968 (drivers’ hours) is amended as follows.

2     (1)  

Section 97 (installation and use of recording equipment) is amended as

follows.

      (2)  

In subsection (1)(a)(ii), for “Annexes I and II” substitute “the relevant

Annexes”.

30

      (3)  

In subsection (2), for “Annexes I and II of” substitute “the relevant Annexes

to”.

      (4)  

Subsection (7) is amended as follows.

      (5)  

In the definition of “the Community Recording Equipment Regulation”,

after paragraph (c) insert—

35

“(d)   

Commission Regulation (EC) 1056/97;

(e)   

Article 1 of Commission Regulation (EC) 2135/98;

(f)   

Commission Regulation (EC) 1360/2002;

(h)   

Commission Regulation (EC) 432/2004; and

 

 

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement

100

 

(i)   

any regulations adopted in accordance with the

procedure laid down in Article 18 to the Community

Recording Equipment Regulation making

amendments necessary to adapt the Annexes to that

Regulation to technical progress;”.

5

      (6)  

Insert at the end—

“the relevant Annexes” to the Community Recording Equipment

Regulation—

(a)   

in the case of a vehicle put into service for the first time before

the date specified in an order made by the Secretary of State

10

means—

(i)   

either Annex I or Annex IB to that Regulation; and

(ii)   

Annex II to that Regulation; and

(b)   

in the case of a vehicle put into service for the first time on or

after that date means—

15

(i)   

Annex IB to that Regulation; and

(ii)   

Annex II to that Regulation.”

3          

In section 98(2A) (written records), for “in relation to which subsection (1)(b)

of that section has come into force” substitute “which is installed with

recording equipment complying with the relevant Annexes (within the

20

meaning of that section)”.

4          

For section 99 (inspection of records and other documents) substitute—

“99ZA   

 Inspection of records and other documents and data

(1)   

An officer may, on production if so required of his authority, require

any person to produce, and permit him to inspect, remove, retain

25

and copy—

(a)   

any book or register which that person is required by

regulations under section 98 of this Act to carry or have in his

possession for the purpose of making in it any entry required

by those regulations or which is required under those

30

regulations to be carried on any vehicle of which that person

is the driver;

(b)   

any book or register which that person is required by

regulations under section 98 of this Act to preserve;

(c)   

if that person is the owner of a vehicle to which this Part of

35

this Act applies, any other document of that person which the

officer may reasonably require to inspect for the purpose of

ascertaining whether the provisions of this Part of this Act or

of regulations made under it have been complied with;

(d)   

any record sheet or hard copy of electronically stored data

40

which that person is required by the Community Recording

Equipment Regulation to retain or to be able to produce;

(e)   

any book, register or other document required by the

applicable Community Rules or which the officer may

reasonably require to inspect for the purpose of ascertaining

45

whether the requirements of the applicable Community rules

have been complied with.

(2)   

An officer may, on production if so required of his authority, require

any person—

 

 

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement

101

 

(a)   

to produce and permit him to inspect any driver card which

that person is required by Article 15(7) of the Community

Recording Equipment Regulation to be able to produce; and

(b)   

to permit the officer to copy the data stored on the driver card

(and to temporarily remove the driver card if necessary for

5

the purpose of doing so) and to remove and retain the copy.

(3)   

If the officer so requires by notice in writing, anything that a person

is required to produce under subsection (1) or (2) of this section shall,

instead of being produced when the requirement under those

subsections is imposed, be produced at an address specified in the

10

notice, within such time (not being less than ten days) from the

service of the notice as is so specified.

(4)   

Where a notice is served under subsection (3) of this section, the

officer may exercise his powers under this section at the place

specified in the notice.

15

(5)   

The powers conferred by this Part of this Act on an officer shall be

exercisable also by a constable, who shall not, if wearing uniform, be

required to produce his authority to exercise them.

(6)   

In this Part of this Act any reference to copying data stored on a

driver card or on digital recording equipment includes a reference to

20

making a hard copy or an electronic copy of the data (and any

reference to copies of data shall be construed accordingly).

(7)   

In this Part of this Act—

“digital recording equipment” means recording equipment that

complies with Annex IB to the Community Recording

25

Equipment Regulation;

“driver card” has the meaning given in that Annex;

“electronic copy” of data means a copy of data stored

electronically together with the data’s digital signature

(within the meaning of that Annex);

30

“hard copy” in relation to data stored electronically means a

printed out version of the data;

“officer” means an examiner appointed under section 66A of the

Road Traffic Act 1988 and any person authorised for the

purposes of this Part by the traffic commissioner for any area.

35

99ZB    

Power of entry

(1)   

An officer may, on production if so required of his authority, at any

time enter any vehicle to which this Part of this Act applies in order

to inspect that vehicle and any recording equipment in or on it.

(2)   

Where any officer enters any vehicle under subsection (1) of this

40

section he may—

(a)   

inspect, remove, retain and copy any record sheet that he

finds there on which a record has been produced by means of

analogue recording equipment or on which an entry has been

made;

45

(b)   

inspect, remove, retain and copy any hard copy of data that

he finds there which was stored on any digital recording

equipment or on a driver card;

 

 

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement

102

 

(c)   

inspect, remove, retain and copy any other document that he

finds there which the officer may reasonably require to

inspect for the purpose of ascertaining whether the

requirements of the applicable Community rules have been

complied with;

5

(d)   

inspect any driver card that he finds there, copy the data

stored on it (using any digital recording equipment in or on

the vehicle or temporarily removing the driver card for the

purpose of copying the data) and remove and retain the copy;

(e)   

copy data stored on any digital recording equipment that is

10

in or on the vehicle and remove and retain that copy;

(f)   

inspect any recording equipment that is in or on the vehicle

and if necessary for the purposes of the inspection, remove it

from the vehicle;

(g)   

retain the recording equipment as evidence if he finds that it

15

has been interfered with;

(h)   

inspect the vehicle for the purpose of ascertaining whether

there is in or on the vehicle any device which is capable of

interfering with the proper operation of any recording

equipment in or on the vehicle;

20

(i)   

inspect any such device and if necessary for the purpose of

the inspection, remove it from the vehicle;

(j)   

retain the device as evidence if he finds that it is capable of

interfering with the proper operation of the recording

equipment.

25

(3)   

Where any officer who is an examiner appointed under section 66A

of the Road Traffic Act 1988, or any constable, enters any vehicle

under subsection (1) of this section, he may, if he has reason to

believe that—

(a)   

any recording equipment in or on the vehicle has been

30

interfered with so as to affect its proper operation, or

(b)   

there is in or on the vehicle any device which is capable of

interfering with the proper operation of any recording

equipment in or on the vehicle,

   

require the driver or operator of the vehicle to take it to an address

35

specified by the officer or constable for the purposes of enabling an

inspection of the recording equipment, the vehicle or any device in

or on it to be carried out.

(4)   

An officer may, on production if so required of his authority, at any

time which is reasonable having regard to the circumstances of the

40

case, enter any premises on which he has reason to believe that—

(a)   

a vehicle to which this Part applies is kept;

(b)   

any such document as is mentioned in section 99ZA(1) of this

Act is to be found;

(c)   

any driver card or copy of data previously stored on a driver

45

card or on recording equipment is to be found; or

(d)   

any digital recording equipment is to be found.

(5)   

Where any officer enters any premises under subsection (4) of this

section he may—

(a)   

inspect any vehicle which he finds there;

50

 

 

Road Safety Bill
Schedule 5 — Drivers’ hours: enforcement

103

 

(b)   

inspect, remove, retain and copy any such document as is

mentioned in section 99ZA(1) of this Act that he finds there;

(c)   

make a copy of any such copy of data as is mentioned in

subsection (4)(c) of this section that he finds there, and

remove and retain the copies he makes;

5

(d)   

inspect any driver card that he finds there, copy the data

stored on it (using any digital recording equipment on the

premises or temporarily removing the driver card for the

purpose of copying the data) and remove and retain the copy;

(e)   

copy data stored on any digital recording equipment he finds

10

there and remove and retain that copy;

(f)   

inspect any recording equipment that he finds there and, if

necessary for the purposes of the inspection, remove it from

the premises;

(g)   

retain any such recording equipment as evidence if he finds

15

that it has been interfered with;

(h)   

inspect any device that he finds there which is capable of

interfering with the proper operation of any recording

equipment and, if necessary for the purpose of the inspection,

remove it from the premises;

20

(i)   

retain any such device as evidence if he finds that it is capable

of interfering with the proper operation of recording

equipment.

(6)   

For the purpose of—

(a)   

exercising any of his powers under this section in relation to

25

a vehicle or anything found in or on a vehicle, or

(b)   

exercising any of his powers under section 99ZA(1) or (2) of

this Act in respect of a document or driver card carried by the

driver of a vehicle,

   

an officer may detain the vehicle during such time as is required for

30

the exercise of that power.

(7)   

If—

(a)   

at the time when a requirement is imposed under subsection

(3) of this section the vehicle is more than five miles from the

address specified by the officer or constable to which the

35

vehicle is to be taken; and

(b)   

the Community Recording Equipment Regulation is found

not to have been contravened in relation to the recording

equipment, the vehicle or any device in or on it;

   

the relevant person must pay, in respect of loss occasioned, such

40

amount as in default of agreement may be determined by a single

arbitrator (in Scotland, arbiter) agreed upon by the parties or, in

default of agreement, appointed by the Secretary of State.

(8)   

In subsection (7) of this section “the relevant person” means—

(a)   

if the requirement was imposed by an examiner appointed

45

under section 66A of the Road Traffic Act 1988, the Secretary

of State, and

(b)   

if the requirement was imposed by a constable, the chief

officer of police for the police area in which the requirement

was imposed.

50

 

 

 
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