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Mr. Greg Knight:
Can the Minister confirm that she would be prepared to consult on a possible list of exemptions to the directive? For example, where would it leave the 4x4 vehicle that is under 2.5 tonnes and has a winch affixed to the front? Can she confirm that the directive will not be retrospective and would not require any changes to be made to historic vehicles and any adornments they may have on the top of their radiators?
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Charlotte Atkins: The directive will not be retrospective, and we will consider any exemptions necessary. The directive is being discussed at present, and it will be put forward very soon. It would then have to be transposed into UK law, using the existing provisions of section 41 of the Road Traffic Act 1991. Therefore, no changes to primary legislation would be necessary. We all recognise that such adornments can be dangerous. The press has also focused in recent weeks on those vehicles whose front ends are not safely designed, and the impact that they can have on pedestrians.
I hope that I have explained why we cannot accept the new clauses, and I urge the right hon. Gentleman not to press them.
Mr. Greg Knight: We have had an interesting, wide-ranging and constructive debate. The more I listened to the Minister, the more alarmed I became, because I found myself agreeing with most of what she said. That is always a dangerous position to be in.
The House accepts that the hon. Member for Carlisle (Mr. Martlew) spoke from the best of motives and with the best of intent, but the Opposition agree with the Government on that issue. Education on the need to wear helmets must come first, and we hope that public acceptance will follow. None of us would want fewer cyclists to take to the roads because of what they regarded as heavy-handed legislation.
I was pleased to hear what the Minister had to say about new clause 21 and I hope that we will have the opportunity to consider a list of exemptions. In the light of the discussion that is taking place in Europe, and given that so many car manufacturers are international—with parts for vehicles of different makes supplied by a relatively small number of companies—I hope that the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) will be satisfied by the Minister's response.
On new clause 13, I was pleased and heartened that the Minister suggested that the Government will consider safety measures along the lines of those adopted by our European partners. When I mentioned the new clause in my introduction, I was not suggesting that we should follow the Spanish example. However, there are lessons to be learned from that and I think that the Government should take them on board.
New clause 11 touches on a matter of ongoing concern to heavy goods vehicle operators and to those who want road safety improved. I am pleased that the Government are pursuing research on this matter. Before we reach any conclusion about what new rules and regulations may be necessary, we need to be aware of the effectiveness of any statutory requirement that we may decide to impose.
The Minister said that locking wheel nuts were not the way forward and that more research was needed, which she thought would take another year to complete. I hope that she will stay on the case to ensure that there is no slippage, as action needs to be taken as soon as possible. However, the Minister's positive response to new clause 11 means that I shall not press it to a vote.
I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
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'(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 commits 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 defective 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.'. —[Rob Marris.]
Brought up, and read the First time.
Rob Marris : I beg to move, That the clause be read a Second time.
Madam Deputy Speaker:
With this it will be convenient to discuss new clause 20—Road Accident Investigation Service—
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