Vote Bundle Text (950304-02)

Amendments proposed to the Road Safety Bill, As Amended - continued	House of Commons

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Speed awareness courses

Mr David Kidney

NC16

To move the following Clause:—

'(1) The appropriate national authority shall establish courses for offenders guilty of offences under section 17(4) or 89(1) of the Road Traffic Regulation Act 1984 (c. 27).

(2) The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses established under subsection (1).

(3) Course providers shall have regard to any guidance given to them under subsection (2).

(4) Guidance issued under subsection (2) will make provision in relation to the content and approval of courses and may include provision—

(a)	in relation to the criteria to be applied for identifying those to whom courses should be offered;

(b)	in relation to the content and length of courses;

(c)	for the monitoring of courses and course providers;

(d)	in relation to the making of applications for approval;

(e)	in relation to withdrawing approval; and

(f)	specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid.

(5) In drawing up guidance issued under subsection (2), the appropriate national authority shall consult such organisations and individuals as it considers fit.'.

Vehicle data recording devices

Rob Marris

NC17

To move the following Clause:—

'(1) A Vehicle Data Recording Device ("VDRD") is a device which records such data relating to the progress and manner of driving of a motor vehicle as the Secretary of State may by regulations prescribe.

(2) The Secretary of State may by regulations designate a class or classes of motor vehicles which shall be fitted with a VDRD.

(3) The Secretary of State may by regulations prescribe—

(a)	the data which a VDRD must record, and how and by whom and for how long such data must be retained; and

(b)	the technical specifications of a VDRD.

(4) Before the Secretary of State makes regulations under subsections (1) to (3), he shall consult with the Society of Motor Manufacturers & Traders and such other organisations as he considers appropriate.

(5) The power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A person committs an offence if he uses a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3) designated as a class of vehicle to which a VDRD must be fitted, and that person knows, or has reasonable grounds to believe, that the motor vehicle—

(a)	does not have a VDRD fitted; or

(b)	has a defective VDRD fitted.

(7) A person committs an offence if he knowingly causes or permits another person to use a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and knows or has reasonable grounds to believe that the motor vehicle—

(a)	does not have a VDRD fitted, or

(b)	has a defecetive VDRD fitted.

(8) A person who commits an offence under subsections (6) or (7) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

(9) A person who does anything with the intention of preventing data being recorded or retained by VDRD is guilty of an offence, unless the motor vehicle in which that VDRD was fitted has been destroyed and he knows that there are no court proceedings likely to be started or pursued.

(10) A person who commits an offence under subsection (9) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

(11) Subsections (6) and (7) shall not come into effect until regulations made under subsections 1 to 3 have come into effect.

(12) Data recorded or retained by a VDRD fitted to a vehicle involved in a road traffic incident in which an injury occurs may be used only—

(a)	for the purposes of bona fide research,

(b)	by the police or other lawful authorities when investigating the causes of any such accident, or

(c)	in connection with the bringing of court proceedings (whether criminal or civil) as a result of any such accident, whether or not any such proceedings are in the event commenced, but shall not be used for any other purpose.'.

Amendment of Road Traffic Act 1988

Mr David Drew
Mr Andrew Mackay

NC18

To move the following Clause:—

'The Road Traffic Act 1988 (c. 52) is further amended, by inserting after section 80 (approval marks)

"80A Retro-reflective markings

The Secretary of State may by regulations made by statutory instrument require the fitting of retro-reflective tape complying with ECE 104 to international category vehicles N2 and N3 and on goods trailers under the international classification 03 and 04 newly registered in the UK.".'.

Amendment of Road Traffic Offenders Act 1988

Mr Christopher Chope

NC19

*To move the following Clause:—

'Schedule 3 to the Road Traffic Offenders Act 1988 shall be amended by substituting the word "discretionary" for the word "obligatory" in column 6.'.

Road Accident Investigation Service

John Thurso
Richard Younger-Ross

NC20

*To move the following Clause:—

'(1) Within 12 months of the coming into force of this Act the Secretary of State shall by regulations establish a Road Accident Investigation Service ("the Service") which shall—

(a)	investigate the causes of road accidents particularly where they result in death or serious injury,

(b)	commission and publish the results of research into the causes and consequences of road accidents, and

(c)	make recommendations to the Secretary of State.

(2) Regulations under this section may provide for the organisation, operation and powers of the Service.

(3) The Secretary of State may make financial provision for the Service.

(4) The power to make regulations under this section is exercisable by statutory instrument.

(5) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.

Amendment of Road Traffic Act 1988

John ThursoRichard Younger-Ross

NC21

*To move the following Clause:—

'In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles), at the end of subsection (2) insert—

"(m)	for prohibiting the modification or retrofitting to the front of a motor vehicle any equipment which in the opinion of the Secretary of State may render the vehicle more likely to cause injury to a third party in the event of an accident.".'.

Mr Secretary Darling

Page 17, line 27 [Clause 14], leave out 'Secretary of State' and insert 'appropriate national authority'.

Mr Christopher Chope

*Page 22, line 39 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 22, line 41 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 22, line 43 [Clause 17], leave out 'detect, or'.

Mr Christopher Chope

*Page 23, line 7 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 23, line 24 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 23, line 34 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 23, line 44 [Clause 17], leave out 'detection' and insert 'interference.'.

Mr Christopher Chope

*Page 25, line 18 [Clause 22], leave out paragraph (b).

Mr Christopher Chope

*Page 25, line 30 [Clause 22], leave out 'mobile telephones'.

Mr Christopher Chope

*Page 26, line 2 [Clause 22], leave out 'Obligatory' and insert 'Discretionary'.

Mr Christopher Chope

*Page 26, line 5 [Clause 22], leave out 'mobile telephones'.

Mr Secretary Darling

Page 37, line 23 [Clause 27], at end insert—

'( ) Omit subsection (14) (no order to be made under subsection (3) after end of 2001 unless one previously made).'.

Mr Christopher Chope

*Page 39, line 12, leave out Clause 30.

Mr Secretary Darling

Page 41, line 29 [Clause 35], leave out from 'of' to end of line 36 and insert 'notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981.

(4) For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought—

'(a)	in England and Wales, on the making of the complaint,

(b)	in Scotland, on the lodging of the summary application with the sheriff clerk, and

(c)	in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.'.