NOTICES OF AMENDMENTS
given up to and including
Friday 4th March 2005
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
ROAD SAFETY BILL, AS AMENDED
NEW CLAUSES
Tests: approved language translators
Mr Secretary Darling
NC14
To move the following Clause:—
'In the Road Traffic Act 1988, before section 163 insert—
162A Test language translators
(1) The Secretary of State may by regulations require that, if a person who is not fluent in the English language submits himself for a relevant test and wishes to be accompanied at the test by a translator, he may only be so accompanied if the translator is approved in accordance with regulations under this section in relation to a language in which the person is fluent.
(2) The regulations may make provision in relation to the approval of persons as translators 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 in connection with approvals, of fees of a prescribed amount, |
| (c) | in relation to the period for which an approval is to have effect and withdrawing approval, |
| (d) | authorising the imposition of conditions on an approval, |
| (e) | for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on an approval or the withdrawal of approval, |
| (f) | prescribing circumstances in which an approved translator may not act as such, |
| (g) | as to the evidencing by persons of their status as approved translators, and |
| (h) | authorising the Secretary of State to make available (with or without charge) information about approved translators. |
(3) The following are relevant tests—
| (a) | tests of competence to drive a motor vehicle prescribed by virtue of section 89(3) of this Act or section 36(5) of the Road Traffic Offenders Act 1988, |
| (b) | examinations of ability and fitness (or continued ability and fitness) to give driving instruction for which provision is made by virtue of section 132 of this Act, and |
| (c) | emergency control assessments under section 133A of this Act.".'. |
Funding of speed awareness and driver improvement course
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC1
To move the following Clause:—
'(1) The Vehicles (Crime) Act 2001 (c. 3) is amended as follows.
(2) In section 38 (Unified power for Secretary of State to fund speed cameras etc.) after subsection (1)(a) insert—
| "(aa) | such educational or training programmes undertaken by that authority as may support the activities in (a),".'. |
Incentives for undertaking driver improvement and speed awareness courses
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC2
To move the following Clause:—
'If a person who has at least seven and no more than eleven penalty points endorsed on his driving licence subsequently successfully completes a driver improvement cours or speed awareness course authorised by the Secretary of State, he shall be entitled to have the number of penalty points endorsed on his licence reduced by three.'.
Maximum penalty for dangerous driving
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC3
To move the following Clause:—
'In Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 (c. 53) (Prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) (dangerous driving) in Column (4) (punishment) for "2 years" substitute "5 years".'.
Causing death by driving whilst unlicensed
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC4
To move the following Clause:—
'If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class he is guilty of an offence.'.
Driving with illegal drugs
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC5
To move the following Clause:—
'A person who when driving or attempting to drive a mechanically propelled vehicle on a road or other public place is found to have traces of an illegal drug in his body shall be guilty of an offence.'.
Causing death by driving whilst disqualified
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC6
To move the following Clause:—
'If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place while disqualified from driving by order of a court he is guilty of an offence.'.
Speed limit on rural roads
Mr Andrew Turner
NC7
To move the following Clause:—
'(1) A maximum speed limit may be designated by a relevant authority for all rural roads in an area.
(2) Where the area is the whole of England, the relevant authority—
| (a) | is the Secretary of State; |
| (b) | may designate, amend or remove a speed limit by order subject to the negative resolution procedure. |
(3) Where the area is that of a highway authority, the relevant authority—
| (a) | is the highway authority; |
| (b) | may designate, amend or remove a speed limit by making a traffic order. |
(4) Where the area is that of a principal authority which is not a highway authority, the relevant authority—
| (a) | is the highway authority whose area includes the area; |
| (b) | may designate, amend or remove a speed limit by making a traffic order. |
(5) Notwithstanding the provision of other enactments no sign or other device shall be required for an order made under subsection (2) to have effect.
(6) Notwithstanding the provisions of other enactments no sign or other device shall be required for an order made under subsection (3) or (4) to have effect save one on each highway entering the area which shall be of a design and dimensions determined by regulation made by the Secretary of State.
(7) For the purpose of this section, a "rural road" is a highway to which all of the following conditions apply—
| (a) | no speed limit other than the national speed limit applies; |
| (b) | street lighting is not provided; and |
| (c) | there are no road markings in the centre of the road. |
(8) Where both the Secretary of State and a highway authority have set a speed limit under this section, the lower limit shall have effect.'.
Statutory off-road notification
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC8
To move the following Clause:—
'No annual fee shall be payable for any statutory off-road notification (SORN) made to the DVLA.'.
Phasing out of speed humps
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
NC9
To move the following Clause:—
'(1) No new speed humps intended for traffic calming purposes shall be constructed on any public road or highway.
(2) Within two years of the commencement of this Act every highway authority shall ensure that all speed humps constructed for traffic calming purposes shall be removed from all public roads within their area.'.
Road traffic charging (referendums)
Mr Tim Yeo
Mr Greg Knight
Mr Christopher Chope
Mr David Wilshire
NC10
To move the following Clause:—
'(1) No congestion or other road user charge or payment intended to be levied upon the driver of a motor vehicle for using a specific road or entering a locality during specified times shall be so levied in any part of the United Kingdom unless public approval for such a charge has been obtained by the person or authority seeking to introduce the same.
(2) In subsection (1) "public approval" means obtaining the support of over fifty per cent. of those voting in a referendum held for this purpose in the local authority area in which the road or roads intended to be subject to the charge is situated.'.
Secondary locking devices
Mr Greg Knight
Mr Christopher Chope
NC11
To move the following Clause:—
'The wheels of every heavy goods vehicle shall be fitted with a secondary locking devices.'.
Speed limits for vehicles of certain classes
Mr Christopher Chope
Mr Greg Knight
David Wilshire
NC12
To move the following Clause:—
'In Schedule 6 to the Road Traffic Regulation Act 1984 (speed limits for vehicles of certain classes), in section 5(2)(b)(iii), column (c) leave out "40" and insert "50".'.
Reflective clothing
Mr Christopher ChopeMr Greg Knight
David Wilshire
NC13
To move the following Clause:—
'The Road Traffic Act 1988 (c.52) is further amended, by inserting after section 16 (wearing of protective headgear):—
"16A Wearing of protective clothing
The Secretary of State shall make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding in motor vehicles of any class specified in the regulations to wear EN471 compliant reflective garments when leaving the vehicle at a roadside, except where the vehicle is parked.".'.
Protective headgear for children under 16 riding cycles
Mr Eric Martlew
NC15
To move the following Clause:—
'(1) Except as provided by regulations, it is an offence for any person to whom this subsection applies to cause or permit a child under the age of 16 years to ride a cycle on a road unless the child is wearing protective headgear of such description as may be specified in regulations, in such manner as may be so specified.
(2) Subsection (1) above applies to the following persons—
| (i) | for the purposes of Part 1 of the Children and Young Persons Act 1933 (c. 12) has responsibility for the child, or |
| (ii) | for the purposes of article 5 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (NI 2)) has parental responsibilities in relation to the child, or |
| (iii) | in relation to Northern Ireland has care of the child or is, otherwise than by virtue of article 5 of the Children (Northern Ireland) Order 1995, legally obliged to maintain the child, or |
| (iv) | for the purposes of Part 2 of the Children and Young Persons (Scotland) Act 1937 (c. 37) has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36) (parental responsibilities)) in relation to the child, or has charge or care of the child; |
| (b) | any owner of the cycle, if the owner is above the age of 15 years; |
| (c) | any person other than its owner who has custody of or is in possession of the cycle immediately before the child rides it, if that person is above the age of 15 years; |
| (d) | where the child is employed, his employer and any other person to whose orders the child is subject in the course of his employment. |
(3) A person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale.'.
