rs080305.444-449

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 8th March 2005
444

Road Safety Bill, continued

(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

Withdrawn  NC17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 commits 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.

Report Stage Proceedings: 8th March 2005
445

Road Safety Bill, continued

(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

Not called  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

Negatived on division  NC19

To move the following Clause:—

‘Schedule 2 to the Road Traffic Offenders Act 1988 shall be amended by

substituting the word “discretionary” for the word “obligatory” in column 6.’.

Report Stage Proceedings: 8th March 2005
446

Road Safety Bill, continued

Road Accident Investigation Service

John Thurso

Richard Younger-Ross

Not called  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 Thurso

Richard Younger-Ross

Negatived on division  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

Agreed to  1

Page  17,  line  27  [Clause  14],  leave out ‘Secretary of State’ and insert ‘appropriate

national authority’.

Report Stage Proceedings: 8th March 2005
447

Road Safety Bill, continued

Mr Christopher Chope

Not selected  11

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

Mr Christopher Chope

Not selected  12

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

Mr Christopher Chope

Not selected  13

Page  22,  line  43  [Clause  17],  leave out ‘detect, or’.

Mr Christopher Chope

Not selected  14

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

Mr Christopher Chope

Not selected  15

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

Mr Christopher Chope

Not selected  16

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

Mr Christopher Chope

Not selected  17

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

Mr Christopher Chope

Not called  18

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

Mr Christopher Chope

Not called  19

Page  25,  line  30  [Clause  22],  leave out ‘mobile telephones’.

Mr Christopher Chope

Not called  20

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

Report Stage Proceedings: 8th March 2005
448

Road Safety Bill, continued

Mr Christopher Chope

Not called  21

Page  26,  line  5  [Clause  22],  leave out ‘mobile telephones’.

Mr Secretary Darling

Agreed to  2

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

Not moved  22

Page  39,  line  12,  leave out Clause 30.

Mr Secretary Darling

Agreed to  3

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.’.

Mr John Horam

Negatived on division  9

Page  47,  line  43  [Clause  44],  after ‘passengers’, insert ‘(a)’.

Mr John Horam

Not called  10

Page  47,  line  43  [Clause  44],  at end add ‘and

(b)
at end insert “or a vehicle which solely provides services to public

authorities.”.’

Report Stage Proceedings: 8th March 2005
449

Road Safety Bill, continued

Mr Secretary Darling

Agreed to  4

Page  59,  line  7  [Schedule  1],  after ‘clerk’, insert ‘, in both places,’.

Mr Secretary Darling

Agreed to  5

Page  71,  line  40  [Schedule  3],  at end insert—

    ‘(4)
In the heading, for ‘Counterparts issued to’ substitute ‘Information

about’.

Mr Secretary Darling

Agreed to  6

Page  89,  line  38  [Schedule  4],  leave out from ‘above’ to end of line 43 and insert

‘“relevant prescribed condition” means—

(a)
in the case of a registered disabled instructor, a condition prescribed

under section 125A(7) of this Act, and

(b)
in any other case, a condition prescribed under section 125ZA(3) of this

Act.’.

Mr Secretary Darling

Agreed to  7

Page  108,  line  19  [Schedule  6],  leave out ‘2, paragraph (bb)’ and insert ‘3,

paragraph 2(bb)’.

Mr Secretary Darling

Agreed to  8

Page  116,  line  36  [Schedule  6],  at end insert—

‘Road Traffic Offenders Act
Section 36(14).’.

1988 (c. 53)

Bill read the third time, and passed.