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Road Safety (Pillion Passengers) Bill


 

Road Safety (Pillion Passengers) Bill

 

 
 

Contents

Requirement for parental consent for children to ride as pillion passengers

1   

Amendment of the Road Traffic Act 1988 relating to parental consent

2   

Amendment of the Road Traffic Offenders Act 1988

Protective helmets for children

3   

Amendments of the Road Traffic Act 1988 relating to protective headgear

4   

Amendment of the Motor Cycles (Protective Helmets) Regulations 1998

Foot rests and supports

5   

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

6   

Amendment of the Motor Vehicles (Tests) Regulations 1981

Final provisions

7   

Short title, commencement and extent

 

Bill 59                                                                                                 

53/4

 
 

Road Safety (Pillion Passengers) Bill

1

 

A

Bill

To

Make provision about protective helmets for children riding on motor cycles

as pillion passengers; to make further provision about motor cycle

construction and use in relation to pillion passengers; to make it an offence to

carry a child as a pillion passenger without parental consent; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Requirement for parental consent for children to ride as pillion passengers

1       

Amendment of the Road Traffic Act 1988 relating to parental consent

(1)   

The Road Traffic Act 1988 (c. 52) is amended as follows.

(2)   

After section 23 (restriction on carriage of persons on motor cycles), insert—

“23A    

Requirement for parental consent for carriage of children as

5

passengers on motor cycles

(1)   

No person under the age of 17 may be carried on a motor bicycle

without the consent of a person having parental responsibility for that

person.

(2)   

If a person is carried on a motor cycle in contravention of this section,

10

the driver of the motor cycle is guilty of an offence.

(3)   

In this section, ‘parental responsibility’—

(a)   

in relation to England and Wales, has the meaning given by

section 3 of the Children Act 1989, and

(b)   

in relation to Scotland, shall be construed as a reference to

15

‘parental responsibilities’ within the meaning given by section

1(3) of the Children (Scotland) Act 1995.”

 
Bill 59 53/4
 
 

Road Safety (Pillion Passengers) Bill

2

 

2       

Amendment of the Road Traffic Offenders Act 1988

(1)   

The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

(2)   

In Part 1 of Schedule 2 (prosecution and punishment of offences under the

Traffic Acts), in the Table, after the row relating to section 23 of the Road Traffic

Act 1988, insert—

5

 

Provision creating

General nature

Mode of

Punishment

Disqualification

Endorsement

Penalty

 
 

offence

of offence

prosecution

     

points

 
 

RTA section 23A

Carrying

Summarily

6 months or

Discretionary

Obligatory

6

 
   

child as

 

level 5 on the

       
   

passenger on

 

standard

       

10

   

a motor cycle

 

scale or both

       
   

without

           
   

parental

           
   

consent

           

Protective helmets for children

15

3       

Amendments of the Road Traffic Act 1988 relating to protective headgear

(1)   

The Road Traffic Act 1988 (c. 52) is amended as follows.

(2)   

After section 16(1) (power to make regulations about protective headgear for

certain motor cycle users), insert—

“(1A)   

Regulations under subsection (1) shall, in particular, specify a

20

description of protective headgear to be worn by persons under the age

of 17 riding as pillion passengers on a motor cycle.”

(3)   

After section 17(1) (power to make regulations prescribing types of helmet

recommended as affording protection to persons on or in motor cycles from

injury in the event of accident), insert—

25

“(1A)   

Regulations under subsection (1) shall, in particular, prescribe a type of

helmet recommended as affording protection to persons under the age

of 17 riding as pillion passengers on a motor cycle from injury in the

event of accident.”

4       

Amendment of the Motor Cycles (Protective Helmets) Regulations 1998

30

(1)   

The Motor Cycles (Protective Helmets) Regulations 1998 (S.I. 1998/1807) are

amended as follows.

(2)   

In regulation 4 (protective headgear), after paragraph (1), insert—

“(1A)   

Every person to whom paragraph (1) applies who is under the age of 17

shall wear protective headgear which is of a size and construction that

35

enables the headgear—

(a)   

to be securely fastened to the head with a strap or chin cup

suitable for the size of the head of that person,

(b)   

to be worn without there being a gap of more than four

centrimetres between the top or sides of the person’s head and

40

the inside of the helmet.”

 
 

Road Safety (Pillion Passengers) Bill

3

 

Foot rests and supports

5       

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

(1)   

The Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078)

are amended as follows.

(2)   

For regulation 102 (passengers on motor cycles), substitute—

5

“102    

Passengers on motor cycles

(1)   

Every two-wheeled motor cycle for use on a road shall have suitable

supports or rests for the feet of a person carried astride that motor cycle

in addition to the driver.

(2)   

The supports or rests referred to in paragraph (1) shall be constructed

10

so as to enable them to be reached by the feet of a person aged 10 of

average height for that age.

(3)   

Every two-wheeled motor cycle for use on a road shall be maintained

in good working order so as to comply with the requirements of

paragraphs (1) and (2).”

15

6       

Amendment of the Motor Vehicles (Tests) Regulations 1981

(1)   

The Motor Vehicles (Tests) Regulations 1981 (S.I. 1981/1694) are amended as

follows.

(2)   

In regulation 20 (fees for examinations), in paragraph (3A)(b), after the

reference to “steering wheel”, insert—

20

“supports or rests for passengers on motor cycles”.

(3)   

In Schedule 2 (the prescribed statutory requirements), in paragraph 1(a)

(which relates to light motor bicycles and motor bicycles), in the Table, after the

row relating to item 6A, insert—

 

Item No.

Regulations

Affecting

 

25

 

“6B

102

Supports or Rests for

 
     

Passengers on Motor Cycles”

 

Final provisions

7       

Short title, commencement and extent

(1)   

This Act may be cited as the Road Safety (Pillion Passengers) Act 2005.

30

(2)   

Sections 1, 2 and 3 shall come into force on such date as the Secretary of State

shall by order specify, but the date so specified shall be a date before the end of

a period that ends eighteen months after the day on which this Act receives

Royal Assent.

(3)   

Sections 4, 5 and 6 shall come into force on such date as the Secretary of State

35

shall by order specify.

 
 

Road Safety (Pillion Passengers) Bill

4

 

(4)   

The power conferred by this section on the Secretary of State to make an order

shall be exercisable by statutory instrument.

(5)   

Every power conferred by this section on the Secretary of State to make an

order includes power—

(a)   

to make different provision for different cases (including different

5

provision in respect of different areas);

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as the Secretary of State thinks fit.

10

(6)   

This Act does not extend to Northern Ireland.

 
 

 
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