rs080305.437-443

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

437

House of Commons

Tuesday 8th March 2005

Report Stage Proceedings

Road Safety Bill, As Amended

New Clauses

Tests: approved language translators

Mr Secretary Darling

Added  NC14

To move the following Clause:—

‘In the Road Traffic Act 1988, before section 163 insert—

“Requirement for approved translators

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.

Report Stage Proceedings: 8th March 2005
438

Road Safety Bill, continued

(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

Negatived on division  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

Not called  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 course 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.’.

Report Stage Proceedings: 8th March 2005
439

Road Safety Bill, continued

Maximum penalty for dangerous driving

Mr Christopher Chope

Mr Greg Knight

Mr David Wilshire

Not called  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

Not called  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

Not selected  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.’.

Report Stage Proceedings: 8th March 2005
440

Road Safety Bill, continued

Causing death by driving whilst disqualified

Mr Christopher Chope

Mr Greg Knight

Mr David Wilshire

Negatived on division  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

Not called  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.’.

Report Stage Proceedings: 8th March 2005
441

Road Safety Bill, continued

Statutory off-road notification

Mr Christopher Chope

Mr Greg Knight

Mr David Wilshire

Not selected  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

Not selected  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

Not selected  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.’.

Report Stage Proceedings: 8th March 2005
442

Road Safety Bill, continued

Secondary locking devices

Mr Greg Knight

Mr Christopher Chope

Withdrawn  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

Not called  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 Chope

Mr Greg Knight

David Wilshire

Not called  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.”.’.

Report Stage Proceedings: 8th March 2005
443

Road Safety Bill, continued

Protective headgear for children under 16 riding cycles

Mr Eric Martlew

Not called  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—

(a)
any person who—

(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.’.

Speed awareness courses

Mr David Kidney

Not called  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—