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| | (a) | in relation to the criteria to be applied for identifying those to whom |
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| | courses should be offered; |
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| | (b) | in relation to the content and length of courses; |
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| | (c) | for the monitoring of courses and course providers; |
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| | (d) | in relation to the making of applications for approval; |
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| | (e) | in relation to withdrawing approval; and |
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| | (f) | specifying the maximum fees that a person may be required to pay for a |
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| | course and by when they are to be paid. |
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| | (5) | In drawing up guidance issued under subsection (2), the appropriate national |
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| | authority shall consult such organisations and individuals as it considers fit.’. |
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| | Vehicle data recording devices |
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| To move the following Clause:— |
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| | ‘(1) | A Vehicle Data Recording Device (“VDRD”) is a device which records such data |
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| | relating to the progress and manner of driving of a motor vehicle as the Secretary |
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| | of State may by regulations prescribe. |
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| | (2) | The Secretary of State may by regulations designate a class or classes of motor |
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| | vehicles which shall be fitted with a VDRD. |
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| | (3) | The Secretary of State may by regulations prescribe— |
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| | (a) | the data which a VDRD must record, and how and by whom and for how |
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| | long such data must be retained; and |
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| | (b) | the technical specifications of a VDRD. |
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| | (4) | Before the Secretary of State makes regulations under subsections (1) to (3), he |
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| | shall consult with the Society of Motor Manufacturers & Traders and such other |
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| | organisations as he considers appropriate. |
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| | (5) | The power to make regulations under this section is exercisable by statutory |
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| | instrument; and a statutory instrument containing regulations under this section is |
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| | subject to annulment in pursuance of a resolution of either House of Parliament. |
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| | (6) | A person commits an offence if he uses a motor vehicle of a class which the |
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| | Secretary of State has, by regulations made under subsection (3) designated as a |
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| | class of vehicle to which a VDRD must be fitted, and that person knows, or has |
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| | reasonable grounds to believe, that the motor vehicle— |
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| | (a) | does not have a VDRD fitted; or |
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| | (b) | has a defective VDRD fitted. |
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| | (7) | A person committs an offence if he knowingly causes or permits another person |
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| | to use a motor vehicle of a class which the Secretary of State has, by regulations |
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| | made under subsection (3), designated as a class of vehicle to which a VDRD |
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| | must be fitted, and knows or has reasonable grounds to believe that the motor |
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| | |
| | (a) | does not have a VDRD fitted, or |
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| | (b) | has a defecetive VDRD fitted. |
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| | (8) | A person who commits an offence under subsections (6) or (7) shall on conviction |
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| | be liable to a fine not exceeding Level 4 on the standard scale. |
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| | (9) | A person who does anything with the intention of preventing data being recorded |
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| | or retained by VDRD is guilty of an offence, unless the motor vehicle in which |
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| | that VDRD was fitted has been destroyed and he knows that there are no court |
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| | proceedings likely to be started or pursued. |
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| | (10) | A person who commits an offence under subsection (9) shall on conviction be |
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| | liable to a fine not exceeding Level 4 on the standard scale. |
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| | (11) | Subsections (6) and (7) shall not come into effect until regulations made under |
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| | subsections 1 to 3 have come into effect. |
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| | (12) | Data recorded or retained by a VDRD fitted to a vehicle involved in a road traffic |
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| | incident in which an injury occurs may be used only— |
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| | (a) | for the purposes of bona fide research, |
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| | (b) | by the police or other lawful authorities when investigating the causes of |
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| | |
| | (c) | in connection with the bringing of court proceedings (whether criminal |
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| | or civil) as a result of any such accident, whether or not any such |
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| | proceedings are in the event commenced, but shall not be used for any |
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| | Amendment of Road Traffic Act 1988 |
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| To move the following Clause:— |
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| | ‘The Road Traffic Act 1988 (c. 52) is further amended, by inserting after section |
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| | |
| | “80A | Retro-reflective markings |
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| | The Secretary of State may by regulations made by statutory instrument |
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| | require the fitting of retro-reflective tape complying with ECE 104 to |
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| | international category vehicles N2 and N3 and on goods trailers under the |
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| | international classification 03 and 04 newly registered in the UK.”.’. |
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| | Amendment of Road Traffic Offenders Act 1988 |
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| |
| | Negatived on division NC19 |
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| To move the following Clause:— |
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| | ‘Schedule 2 to the Road Traffic Offenders Act 1988 shall be amended by |
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| | substituting the word “discretionary” for the word “obligatory” in column 6.’. |
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| | Road Accident Investigation Service |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Within 12 months of the coming into force of this Act the Secretary of State shall |
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| | by regulations establish a Road Accident Investigation Service (“the Service”) |
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| | |
| | (a) | investigate the causes of road accidents particularly where they result in |
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| | |
| | (b) | commission and publish the results of research into the causes and |
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| | consequences of road accidents, and |
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| | (c) | make recommendations to the Secretary of State. |
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| | (2) | Regulations under this section may provide for the organisation, operation and |
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| | |
| | (3) | The Secretary of State may make financial provision for the Service. |
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| | (4) | The power to make regulations under this section is exercisable by statutory |
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| | |
| | (5) | No regulations shall be made under this section unless a draft of the regulations |
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| | has been laid before, and approved by a resolution of, each House of Parliament.’. |
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| |
| | Amendment of Road Traffic Act 1988 |
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| | Negatived on division NC21 |
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| To move the following Clause:— |
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| | ‘In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, |
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| | weight, equipment and use of vehicles), at the end of subsection (2) insert— |
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| | “(m) | for prohibiting the modification or retrofitting to the front of a |
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| | motor vehicle any equipment which in the opinion of the |
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| | Secretary of State may render the vehicle more likely to cause |
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| | injury to a third party in the event of an accident.”.’. |
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| | |
| Page 17, line 27 [Clause 14], leave out ‘Secretary of State’ and insert ‘appropriate |
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| Page 22, line 39 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 22, line 41 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 22, line 43 [Clause 17], leave out ‘detect, or’. |
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| Page 23, line 7 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 23, line 24 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 23, line 34 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 23, line 44 [Clause 17], leave out ‘detection’ and insert ‘interference.’. |
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| Page 25, line 18 [Clause 22], leave out paragraph (b). |
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| Page 25, line 30 [Clause 22], leave out ‘mobile telephones’. |
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| Page 26, line 2 [Clause 22], leave out ‘Obligatory’ and insert ‘Discretionary’. |
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| Page 26, line 5 [Clause 22], leave out ‘mobile telephones’. |
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| | |
| Page 37, line 23 [Clause 27], at end insert— |
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| | ‘( ) | Omit subsection (14) (no order to be made under subsection (3) after end of 2001 |
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| | unless one previously made).’. |
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| |
| |
| | |
| Page 39, line 12, leave out Clause 30. |
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| | |
| Page 41, line 29 [Clause 35], leave out from ‘of’ to end of line 36 and insert ‘notice |
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| under Part 7 of the Magistrates’ Courts (Northern Ireland) Order 1981. |
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| | (4) | For the purposes of the time limit for bringing an appeal under subsection (1) the |
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| | appeal is to be treated as brought— |
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| | ‘(a) | in England and Wales, on the making of the complaint, |
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| | (b) | in Scotland, on the lodging of the summary application with the sheriff |
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| | |
| | (c) | in Northern Ireland, when a notice is served on the clerk of the petty |
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| | sessions under Article 76(2)(a) of the Magistrates’ Courts (Northern |
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| | |
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| | |
| Page 47, line 43 [Clause 44], after ‘passengers’, insert ‘(a)’. |
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| Page 47, line 43 [Clause 44], at end add ‘and |
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| | (b) | at end insert “or a vehicle which solely provides services to public |
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| Page 59, line 7 [Schedule 1], after ‘clerk’, insert ‘, in both places,’. |
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| | |
| Page 71, line 40 [Schedule 3], at end insert— |
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| | ‘(4) | In the heading, for ‘Counterparts issued to’ substitute ‘Information |
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| | |
| Page 89, line 38 [Schedule 4], leave out from ‘above’ to end of line 43 and insert |
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| ‘“relevant prescribed condition” means— |
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| | (a) | in the case of a registered disabled instructor, a condition prescribed |
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| | under section 125A(7) of this Act, and |
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| | (b) | in any other case, a condition prescribed under section 125ZA(3) of this |
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| Page 108, line 19 [Schedule 6], leave out ‘2, paragraph (bb)’ and insert ‘3, |
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| Page 116, line 36 [Schedule 6], at end insert— |
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| ‘Road Traffic Offenders Act |
| | | | | | | | |
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| | Bill read the third time, and passed. |
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